Establishes the New York children's online safety act; requires operators of covered platforms to conduct age verification to determine whether a user is a covered minor; requires operators of covered platforms to utilize certain default privacy settings for covered minors; requires operators of covered platforms to require parental approval of certain activity related to a covered minor's covered platform account.
STATE OF NEW YORK
________________________________________________________________________
4609
2025-2026 Regular Sessions
IN SENATE
February 10, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the general business law, in relation to establishing
the New York children's online safety act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York children's online safety act".
3 § 2. The general business law is amended by adding a new article 45-A
4 to read as follows:
5 ARTICLE 45-A
6 NEW YORK CHILDREN'S ONLINE SAFETY ACT
7 Section 1509. Definitions.
8 1510. Privacy by default.
9 1511. Parental approvals.
10 1512. Prohibition on dark patterns.
11 1513. Nondiscrimination.
12 1514. Scope.
13 1515. Rulemaking authority.
14 1516. Remedies.
15 § 1509. Definitions. For the purposes of this article, the following
16 terms shall have the following meanings:
17 1. "Connected" and variations thereof shall mean that a covered minor
18 and/or such covered minor's parent has previously approved a connection
19 with another user such that such other user may privately contact the
20 covered minor.
21 2. "Covered minor" shall mean any user who is determined by an opera-
22 tor, via one or more commercially reasonable age verification methods,
23 to be under the age of eighteen.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07773-02-5
S. 4609 2
1 3. "Financial transaction" shall mean a transaction between users
2 involving any type of currency, including virtual currency used within a
3 covered platform whether or not it can be converted to fiat money.
4 4. "Operator" shall mean any person, business, or other legal entity
5 who operates or provides a covered platform.
6 5. "Parent" shall mean a parent or legal guardian.
7 6. "Covered platform" shall mean a public or semi-public website,
8 online service, online application, or mobile application that (a) is
9 used by a covered minor in this state, (b) allows users to construct a
10 public or semi-public profile for the purposes of using such website,
11 service, or application, (c) allows users to create or post content that
12 is viewable by other users, including but not limited to, on message
13 boards, in chat rooms, or through a landing page or main feed that
14 presents the user with content generated by other users, and (d) allows
15 users to privately message each other as a significant part of the
16 provision of such website, service, or application.
17 7. "Tag" shall mean when a user identifies a second user in posted
18 content in a manner that links to the second user's profile.
19 8. "User" shall mean a user of a covered platform in New York not
20 acting as an operator, or agent or affiliate of such operator, of such
21 platform or any portion thereof.
22 § 1510. Privacy by default. 1. No operator shall offer a covered plat-
23 form in this state without conducting commercially reasonable age
24 verification to determine whether a user is a covered minor. The attor-
25 ney general shall promulgate regulations identifying methods for commer-
26 cially reasonable and technically feasible age verification, which shall
27 consider the size, financial resources, and technical capabilities of
28 covered platforms, the costs and effectiveness of available age determi-
29 nation techniques for users of such platforms, the audience of such
30 platforms, and prevalent practices of the industry of the operator. Such
31 regulations shall also identify the appropriate levels of accuracy that
32 would be considered commercially reasonable and technically feasible for
33 operators to achieve in determining whether a user is a covered minor.
34 2. For all users determined under a commercially reasonable age
35 verification method by an operator to be a covered minor, such operator
36 shall utilize the following settings by default for covered minors,
37 which shall ensure that no user who is not already connected to a
38 covered minor may:
39 (a) communicate directly and privately with such minor;
40 (b) view the profile of such minor;
41 (c) tag such minor in posted content; and/or
42 (d) engage in a financial transaction with such minor.
43 3. A parent of a covered minor may override the default privacy
44 settings provided in subdivision two of this section at such parent's
45 discretion.
46 4. An operator shall notify a parent of a covered minor whenever such
47 covered minor attempts to change the default settings provided in subdi-
48 vision two of this section. The parent may then either approve or deny
49 the request to change the settings for such minor.
50 § 1511. Parental approvals. 1. For all users determined under a
51 commercially reasonable age verification method by an operator to be a
52 covered minor under the age of thirteen, such operator shall require the
53 parent of such covered minor to approve all new connections with such
54 covered minor before such covered minor's and such other user's accounts
55 may be connected. For covered minors under the age of thirteen, an
56 operator shall also establish a mechanism by which a parent of such
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1 minor may easily view the list of all users currently connected with the
2 account of the minor.
3 2. For all users determined under a commercially reasonable age
4 verification method by an operator to be a covered minor, such operator
5 shall require a parent to approve all financial transactions relating to
6 such covered minor's account. Such operator shall further establish a
7 mechanism by which a parent of a covered minor may easily view a history
8 of all financial transactions relating to such covered minor's account
9 at any time.
10 § 1512. Prohibition on dark patterns. It shall be unlawful for a
11 covered platform to deploy any mechanism or design which intentionally
12 inhibits the purpose of this article, subverts user and/or parent choice
13 or autonomy, or renders it more difficult for a user and/or parent to
14 exercise any of the prescribed rights and/or privileges provided in this
15 article.
16 § 1513. Nondiscrimination. An operator shall not withhold, degrade,
17 lower the quality of, or increase the price of any product, service, or
18 feature of a covered platform, other than as necessary for compliance
19 with the provisions of this article or any rules or regulations promul-
20 gated pursuant to this article, to a user due to such operator being
21 required to establish the settings and approvals provided in sections
22 fifteen hundred ten and fifteen hundred eleven of this article.
23 § 1514. Scope. 1. This article shall apply to conduct that occurs in
24 whole or in part in New York. For purposes of this article, conduct
25 takes place wholly outside of New York if the covered platform is
26 accessed by a user who is physically located outside of New York.
27 2. Nothing in this article shall be construed to impose liability for
28 commercial activities or actions by operators subject to 15 U.S.C. §
29 6501 that is inconsistent with the treatment of such activities or
30 actions under 15 U.S.C. § 6502.
31 § 1515. Rulemaking authority. The attorney general shall promulgate
32 such rules and regulations as are necessary to effectuate and enforce
33 the provisions of this article.
34 § 1516. Remedies. 1. On or after the effective date of this article,
35 whenever it appears to the attorney general, upon complaint or other-
36 wise, that any person, within or outside the state, has violated the
37 provisions of this article, the attorney general may bring an action or
38 special proceeding in the name and on behalf of the people of the state
39 of New York to enjoin any such violation, to obtain restitution of any
40 moneys or property obtained directly or indirectly by any such
41 violation, to obtain disgorgement of any profits or gains obtained
42 directly or indirectly by any such violation, to obtain damages caused
43 directly or indirectly by any such violation, to obtain civil penalties
44 of up to five thousand dollars per violation, and to obtain any such
45 other and further relief as the court may deem proper, including prelim-
46 inary relief.
47 2. The attorney general shall maintain a website to receive
48 complaints, information, and/or referrals from members of the public
49 concerning an operator's or covered platform's alleged compliance or
50 noncompliance with the provisions of this article.
51 § 3. Severability. If any clause, sentence, paragraph, subdivision,
52 section or part of this act shall be adjudged by any court of competent
53 jurisdiction to be invalid, such judgment shall not affect, impair, or
54 invalidate the remainder thereof, but shall be confined in its operation
55 to the clause, sentence, paragraph, subdivision, section or part thereof
56 directly involved in the controversy in which such judgment shall have
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1 been rendered. It is hereby declared to be the intent of the legislature
2 that this act would have been enacted even if such invalid provisions
3 had not been included herein.
4 § 4. This act shall take effect on the one hundred eightieth day after
5 the office of the attorney general shall promulgate rules and regu-
6 lations necessary to effectuate the provisions of this act; provided
7 that the office of the attorney general shall notify the legislative
8 bill drafting commission upon the occurrence of the enactment of the
9 rules and regulations necessary to effectuate and enforce the provisions
10 of section two of this act in order that the commission may maintain an
11 accurate and timely effective data base of the official text of the laws
12 of the state of New York in furtherance of effectuating the provisions
13 of section 44 of the legislative law and section 70-b of the public
14 officers law. Effective immediately, the addition, amendment and/or
15 repeal of any rule or regulation necessary for the implementation of
16 this act on its effective date are authorized to be made and completed
17 on or before such effective date.
