New York

new york
Commercial Email and Spam:

New York has no statutes that comprehensively address commercial email and spam.

However, in 2006, New York enacted an "Anti-Phishing Act."  See 2006 Session Laws of New York, Chapter 64 (A 8025-C).   This statute prohibits deceptive uses of email or the internet to solicit personally identifying information, such as a social security number, bank account number, or credit card number.  The law is enforceable by the New York Attorney General, by an internet service provider, or by the owner of a web page or trademark whose business is adversely affected by prohibited "phishing" activity.  See N.Y. General Business Law, Article 26 (§ 390-B).

Telemarketing & Telephonic Anti-Solicitation:

General regulation and registration of telemarketers - codified at N.Y. General Business Law, Article 26 (§§ 399-P, 399-PP).  See also N.Y. Public Service Law, Article 5 (§ 92-D) (requiring local telephone exchange service providers to notify customers about New York's telemarketing laws and Do Not Call Registry).

New York "Do Not Call Registry" - codified at N.Y. General Business Law, Article 26 (§ 399-Z)

New York Sales Protection Act - provides for a "cooling off" period to cancel a sale made as a result of high pressure telephone sales tactics - codified at N.Y. Personal Property Law, Article 10-B (§§ 440 and following)

Faxes, Texts, and Other Media Anti-Solicitation:

New York enacted a law prohibiting unsolicited commercial faxes in 1989.  See N.Y. General Business Law, Article 26 (§ 396-AA).  Until 2006, this law contained an exception for commercial faxes sent between the hours of 9 p.m. and 6 a.m.  See 2006 Session Laws of New York, Chapter 277 (A. 11554).

In 2012, N.Y. Attorney General Schneiderman utilized his powers under N.Y. Executive Law, Article 5 (§ 63(12)) to reach a settlement with a company sending spam text messages to New Yorkers.  The investigation was premised on the allegation that the company violated N.Y. General Business Law, Article 22-A (discussed below).  See  A.G. Schneiderman Press Release, September 15, 2012.

Unlawful Trade Practices:

New York's general prohibition against deceptive trade practices is set forth in N.Y. General Business Law, Article 22-A (§ 349).

New York also prohibits false advertising.  See N.Y. General Business Law Article 22-A (§§ 350 & 350-A).

In 2012, N.Y. Attorney General Schneiderman utilized his powers under N.Y. Executive Law, Article 5 (§ 63(12)) to reach a settlement with a company sending spam text messages to New Yorkers.  The investigation was premised on the allegation that the company violated N.Y. General Business Law Article 22-A.  See  A.G. Schneiderman Press Release, September 15, 2012.

Pornography:

New York statutes criminalize the dissemination of indecent material to minors, including by means of a "computer communication system."  See N.Y. Penal Law, Article 235 (§§ 235.21 & 235.22).

Computer-Related Crime:

New York criminalizes the impersonation of another person by internet website or electronic means.  See N.Y. Penal Law, Article 190 (§ 190.25(4)).

Additional Resources:

New York Attorney General, Internet Bureau