AI Frontier Institute

Prohibits manufacturers or operators of networked camera devices to enable coordinated surveillance features on such devices as a default feature without first obtaining affirmative opt-in consent from the owner; requires disclosure of data rights for owners of such devices; prohibits coordinated surveillance features to be disclosed to law enforcement without a warrant; makes related provisions.

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New York S. 9267, the "consumer camera privacy act," has passed the Senate and been delivered to the Assembly, where it was referred to the consumer affairs and protection committee. It has not been enacted. If enacted, it would add section 390-f to the general business law to regulate internet-connected consumer cameras such as video doorbells and security cameras. Prohibited practices (subdivision 2): manufacturers or operators could not turn on "coordinated surveillance features" (sharing or pooling footage or derived data with others, including networked search, crowdsourced tracking, biometric analysis and community alerts) by default. These features would need separate opt-in consent. They also could not use owner footage for algorithm training, product development or other purposes without separate consent. They could not keep footage from devices without a paid subscription or affirmative setup for more than 72 hours unless the owner elects longer retention. They could not make basic functionality depend on joining a surveillance feature. Disclosures (subdivision 3): at the point of sale, prominent and separate disclosure of storage location, transmission of footage, coordinated features and their default status, and retention practices. At setup, a plain-language summary of data collection would be required before recording is enabled. Owner rights (subdivision 4): footage must be provided within 72 hours of request regardless of subscription status. Footage and derivative data must be deleted within 30 days of request. Consent to coordinated features could be revoked, effective within 24 hours. Law enforcement (subdivision 5): footage from coordinated surveillance features could be disclosed only with a probable-cause warrant or the owner's voluntary, informed consent to a specific request. Annual transparency reports on law enforcement requests would be required. Enforcement (subdivision 6): the attorney general could seek injunctions and civil penalties of up to $10,000 per violation, or $25,000 if willful. Injured persons could sue for actual damages or $500 per violation, whichever is greater, plus attorney's fees and costs. Under section 3 of the bill, it would take effect one year after becoming law.

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