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:

(1) provide end-to-end encryption;

(2) provide Certificate-based Authentication for manufacturer access when obtaining updates, registering, or relaying audio or video between Internet servers;

(3) prohibit unauthenticated access, including prohibiting implied third-party trusted access;

(4) prevent a consumer from disabling security measures; and

(5) include conspicuous and easily understandable instructions supplied by the manufacturer notifying consumers about the proper use of the baby monitor and its security enhancement.

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 that does not meet the requirements of 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 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.

d. For the purposes of this section, “baby monitor” means a device that is marketed exclusively for the purpose of broadcasting audio or video of an infant or child. The term shall not include a multi-functional device such as a smart phone, digital video camera, security camera, or other similar device.

L.2017, c.81, s.1.