This text of New York § 390-C*2 (Posting of warnings by commercial entities offering internet access to the public) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 390-c. Posting of warnings by commercial entities offering\ninternet access to the public. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Commercial entity" shall mean any entity doing business in New\nYork state that:
(i)for profit, offers goods or services for sale;
(ii)\nstores personal information electronically;
(iii)owns or operates a\nwireless network, or local area network; and (iv) offers public internet\naccess whether for a fee or free of charge.\n (b) "Local area network" shall mean a data communications system which\ninterconnects computer systems at various local sites via access line or\nwire.\n (c) "Firewall" shall mean a hardware device, software program or a\ncombination of the two that protects a computer ne
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* § 390-c. Posting of warnings by commercial entities offering\ninternet access to the public. 1. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Commercial entity" shall mean any entity doing business in New\nYork state that: (i) for profit, offers goods or services for sale; (ii)\nstores personal information electronically; (iii) owns or operates a\nwireless network, or local area network; and (iv) offers public internet\naccess whether for a fee or free of charge.\n (b) "Local area network" shall mean a data communications system which\ninterconnects computer systems at various local sites via access line or\nwire.\n (c) "Firewall" shall mean a hardware device, software program or a\ncombination of the two that protects a computer network from\nunauthorized access.\n (d) "Public internet access" shall mean the ability of a person to log\nonto the internet at a location other than that person's home, through\nthe use of a computer either owned by such person or provided to them by\nanother person or commercial entity, for the purpose of accessing the\ninternet.\n (e) "Wireless network" shall mean a data communications system which\ninterconnects computer systems at various local sites via radio signal.\n 2. Any commercial entity that offers the public the ability to use\ntheir computer for internet access shall conspicuously post a warning\nsign in their establishment and/or on the wireless network at a point in\ntime prior to enabling the public to log on or gain access to the\nnetwork. Such warning sign shall state that "For the purposes of your\nown protection and privacy, you are advised to install a firewall or\nother computer security measures when accessing the internet". Such sign\nshall include the internet address of the website created under\nsubdivision three of this section.\n 3. The department of state shall establish an internet security\nwebsite or webpage, that includes, but is not limited to, an explanation\nof what a firewall is and the importance of other internet security\nmeasures.\n 4. Any commercial entity that violates this section shall be subject\nto a civil penalty of not more than one hundred dollars for the first\nviolation, not more than two hundred fifty dollars for the second\nviolation, and not more than five hundred dollars for each violation\nthereafter. The provisions of subdivision two of this section may be\nenforced concurrently by the director of a municipal consumer affairs\noffice, or by the town attorney, city corporation counsel, or other\nlawful designee of a municipality or local government, and all moneys\ncollected thereunder shall be retained by such municipality or local\ngovernment.\n * NB There are 2 § 390-c's\n