NYCLU Supports A. 3089/ S. 1453 Prohibiting Action Against Whistleblowers in the Health Care Industry AN ACT to amend the labor law and the public health law, in relation to prohibiting retaliatory personnel actions by certain employers against employees who provide certain information to a governmental agency or department, or to the public. This bill would prohibit retaliatory measures against health care workers who report dangerous activities to the government or the public. The New York Civil Liberties Union supports these measures as it is sound public policy not to permit retaliation against persons who act courageously to protect the public good by disclosing the harmful conduct of their employers.

A.664/ Sanders S. 779/Goodman et al. -- AN ACT to amend the civil rights law, in relation to protecting book publishers under the shield law. Position: Support New York’s Shield Law codifies the privilege, arising under the First Amendment, that protects professional journalists from compulsory disclosure of confidential sources contacted or materials obtained in the course of gathering information for public dissemination. Under New York law a professional journalist is defined as one who is engaged in

A.4163-A/ Englebright, et al. -- AN ACT to amend the civil rights law, in relation to freedom of speech and petition in certain shopping centers and shopping malls Position: SUPPORT The New York Civil Liberties Union strongly supports this bill, which would require the largest privately-owned shopping malls to permit persons to exercise their right of free speech and the right to petition in the common areas of the shopping malls, subject to reasonable regulations concerning time, place and manner. Owners of middle-sized shopping centers could decide not to permit such activities, but would be required to state the reasons for such a policy in an accommodation plan that is readily accessible to the public at no cost. The bill would also require that large shopping malls as well as middle-sized shopping centers create a display space for announcements and public service messages.

S.4511/ Rath et al. -- (AN ACT to amend the general business law, in relation to unsolicited e-mails Position: SUPPORT This bill would expand the statewide registry that permits individuals to restrict telemarketing sales calls so as to place similar restrictions on unsolicited commercial electronic mail (UCEM). The NYCLU supports expansion of the registry as a reasonable, common sense way to address network congestion and other problems caused by UCEM. Two broad strategies have emerged for controlling UCEM. One approach is to limit people’s ability to transmit UCEM. The other is to empower e-mail users to take affirmative measures to curtail UCEM and protect personal privacy. Government limitations on the transmission of UCEM have serious implications for free speech and should only be used as a last resort. For this reason measures that address the problem of unsolicited e-mail by enhancing personal privacy are preferable.

A.2266/ Magee, et al. -- AN ACT to amend the general business law, in relation to prohibiting the sending of unsolicited telefacsimile messages at any time where no prior contractual or business relationship exists Position: OPPOSED This bill would completely ban unsolicited commercial telefacsimile (fax) messages. Under current New York State law these transmissions are not allowed between 6am and 9pm. In extending the fax advertising ban this bill duplicates a provision of federal law which likewise imposes a complete ban on such transmissions. While the government can regulate commercial advertisements to prevent fraud or pursue other substantial government interests, the Supreme Court has ruled that the regulatory techniques used cannot be sustained “if the governmental interest could be served as well by a more limited restriction on commercial speech.” Because it is the most restrictive technique possible for curing the ills caused by unsolicited fax advertisements, a total ban cannot pass the test that the Supreme Court has developed for constitutionally permissible regulations of commercial speech unless it is the only effective remedy available.

A.9294-C/ Colton et al. S.5745-C/ Golden et al. -- AN ACT to amend the general business law, in relation to cyber-cafes Position: OPPOSED This bill would institute a regime of regulation for internet cafes. Specifically, registration of these businesses would be required, and significant restrictions would be put on the ability of minors to make use of these establishments. While the intent of the bill is to prevent violence in these businesses and to provide an avenue for addressing problem businesses, many provisions in the bill would do nothing to further that objective, but would instead unconstitutionally limit minors’ access to these establishments.

NYCLU Urges Passage of Internet Privacy Act

NYCLU Supports Bill Protecting Individual Privacy on the World Wide Web The New York Civil Liberties Union supports legislative efforts to restrict the widespread practice of Internet "harvesting" for commercial purposes. As a result of the rapid growth of the Internet and the diffusion of information technology, there are currently no laws regulating this practice in New York.

The revolutionary pace with which our communications infrastructures and technologies have grown has truly made global access to information easier and more efficient. Yet the enormous advantages provided by electronic networking also present unprecedented threats to personal security and privacy. More than at any other time in our history, it is now possible with relative ease to gather, link and sell information about organizations and governments, and to compile profiles of millions of individuals that include their most sensitive and personal data. The NYCLU believes that the privacy of an individual is directly affected by the collection, maintenance, use and dissemination of personal information by government agencies and the private sector. Every day millions of people give away private data -- from information about medical conditions, home addresses, mortgage borrowing, stock purchases, household incomes and social security numbers -- often providing such facts without understanding the consequences until it is too late. Without sufficient safeguarding of such information, we are all vulnerable to unwarranted, annoying and potentially dangerous snooping -- by governments, businesses, nosy neighbors and thieves.

A.10810/Tokasz et al. S.123-B/Rath et al. -- AN ACT to amend the public service law and the education law, in relation to blocking matter harmful to minors from telecommunications, computer, data and information networks and internet transmissions. Position: Opposed This bill would authorize the public service commission to adopt regulations requiring public libraries and public schools to use filtering or blocking systems to deny access to material defined as “harmful to minors.” While NYCLU does not in principle oppose the effort to provide age-appropriate material to children, NYCLU believes that filtering and blocking software is neither effective in achieving that goal, nor sufficiently tailored to avoid infringing protected First Amendment rights. In the hands of the government, the use of such software amounts to content-based censorship that denies access to constitutionally protected material. Library policies similar to those authorized by this bill have not survived constitutional scrutiny. See Mainstream Loudoun v. Bd. of Trustees of Loudoun, 2, F.Supp.2d 783 (E.D.Va. 1998), 24 F.Supp.2d 552 (E.D.Va. 1998)