Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Requires baby monitors with Internet connection to include security features and warning.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning baby monitors and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A baby monitor that broadcasts audio or video through an Internet connection and is manufactured, sold, offered for sale, or distributed in this State shall include: (1) security features to prevent unauthorized users from hearing or viewing activity; and (2) a label or notice warning consumers of the risks associated with an unsecured baby monitor connection, and the importance of accessing the baby monitor securely and using its security features. The label or notice shall be displayed in a written, printed, or graphic manner on the box, container, or package of a baby monitor, or shall otherwise accompany the baby monitor at the time of its distribution or sale. The information on the label shall be conspicuous and easily understandable to consumers and be substantially similar to the following:
“WARNING! THIS BABY MONITOR ALLOWS INTERNET USERS TO HEAR OR VIEW ACTIVITY. USE THE SECURITY FEATURES INCLUDED WITH THIS DEVICE TO RESTRICT INTERNET VIEWERSHIP.”
b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture, sell, offer for sale, or distribute any baby monitor without security features and a corresponding warning label, as required pursuant to subsection a. of this section.
c. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of the Department of Children and Families, shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.
2. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill requires any baby monitor that broadcasts audio or video online and is manufactured, sold, or offered for sale in this State, to include: (1) security features to prevent unauthorized users from hearing or viewing activity; and (2) a label or notice warning consumers of the risks of an unsecured baby monitor connection and the importance of using the device’s security features (e.g., keeping the monitor’s software current, choosing a strong password, and enabling security features to encrypt transmitted information).
Under the bill, the warning would appear on the box, container, or package of a baby monitor, or otherwise accompany the baby monitor at the time of sale. The information on the label would be displayed conspicuously, easily understandable, and be substantially similar to the following:
“WARNING! THIS BABY MONITOR ALLOWS INTERNET USERS TO HEAR OR VIEW ACTIVITY. USE THE SECURITY FEATURES INCLUDED WITH THIS DEVICE TO RESTRICT INTERNET VIEWERSHIP.”
The bill provides that it would be an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), to sell, offer for sale, or distribute any baby monitor without security features and a proper warning label. An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.
Baby monitors that broadcast live audio and video feeds over the Internet can be viewed on a computer, cellular telephone, tablet, or other Internet-connected device. The possibility of an unknown individual watching a person’s baby is frightening for many parents who have come to rely on these devices. Recent news articles highlight the vulnerabilities of Internet-connected baby monitors that lack basic security features, making them prone to even simple hacking attempts. In addition, a hacked camera could provide access to other Wi-Fi-enabled devices in a person’s home, such as a personal computer or security system.
The Office of Technology, Research and Investigation, in the Federal Trade Commission (FTC), studied five baby monitors that broadcast live audio and video feeds over the Internet and found that some of them have minimal security protections. Only one required a complex password while the others allowed users access with simple passwords, such as “password,” making them vulnerable to hackers. To prevent hackers from guessing a password, basic security procedures lock down an account in response to multiple password failures; however, three of the five monitors allowed repeated entry of incorrect password attempts.
An Internet-connected baby monitor sends its feed to a person’s home wireless router, then sends it over the Internet so it can be viewed remotely. Two of the five baby monitors the FTC studied did not encrypt the feed between the monitor and the home router, and one didn’t encrypt the feed between the router and Internet, resulting in additional vulnerabilities.
Warning consumers of the risks associated with an unsecured baby monitor will protect families by (1) urging them to use the monitor’s security features to allow only selected, trusted people to view a baby through a secure Internet connection, and (2) preventing a stranger from hacking the connection to watch a baby.