Companies that make recording-capable smartphones, speakers, and TVs should prominently disclose that information, Gov. Andrew Cuomo proposed as part of his 2021 agenda. 

The propsal would require the disclosure in the form of written warnings for consumers as Internet-connect devices with the ability to record, retain and transmit audio.

Smart devices would also be required to disclose that they are recording their owners before a device is set up so the settings can be adjusted accordingly. 

"We've all heard reports of smart speakers and other connected devices recording people without their knowledge, and that possibility raises important questions about privacy for the future," Cuomo said. "This legislation requires the makers of these devices to disclose the facts so New Yorkers can make informed decisions about the capabilities of what they buy. Everyone has a right to know the facts about the devices they buy, and those facts should be prominently displayed, not hidden in the fine print."

The proposal comes as smartphones and similar devices become more ubiquitous in households: More than 80% of Americans own a smartphone or a digital assistance and the majority of those devices have internal microphones with recording capabilities. A majority of smart speaker owners, 54%, have told pollsters they are worried about the amount of personal audio information that is recorded.