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S07694 Summary:

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S07694 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7694--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    October 13, 2023
                                       ___________
 
        Introduced  by  Sens. GOUNARDES, BAILEY, CHU, CLEARE, COMRIE, FERNANDEZ,
          HARCKHAM, HINCHEY, HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  KRUEGER,  LIU,
          MANNION,  MARTINEZ, MAY, MAYER, MURRAY, MYRIE, PALUMBO, PARKER, RAMOS,
          RHOADS, RIVERA, RYAN, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS,  STAVISKY,
          TEDISCO,  WEBB,  WEBER  --  read  twice  and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Internet  and Technology in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the general business law, in relation to enacting the
          Stop Addictive Feeds Exploitation (SAFE) for Kids act prohibiting  the
          provision of an addictive feed to a minor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and  may  be  cited  as  the  "Stop
     2  Addictive Feeds Exploitation (SAFE) for Kids act".
     3    §  2. Legislative intent. Social media platforms automatically process
     4  enormous amounts of data about the behavior  of  users,  using  tens  or
     5  hundreds  of  thousands  of  data points for each user, filtered through
     6  sophisticated machine learning algorithms, to create media feeds person-
     7  alized to each user. These  feeds  are  based  on  data  that  generally
     8  includes  not  only the deliberate choices of the users, such as content
     9  they "like" or other users they "follow," but also conduct the user  may
    10  not  even  be aware of, such as how long they spent looking at a partic-
    11  ular piece of media. These feeds make predictions about interests, mood,
    12  and other factors related to what is most likely to keep  users  engaged
    13  for  as  long as possible, creating a feed tailor-made to keep each user
    14  on the platform for longer periods. Today  these  addictive  feeds  have
    15  become the primary way that people experience social media.
    16    Since  their  adoption,  addictive  feeds have had a dramatic negative
    17  effect on children and teenagers, causing young users to spend more time
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11334-14-4
        S. 7694--A                          2
 
     1  on social media than they  otherwise  would,  which  has  been  tied  to
     2  significantly  higher rates of youth depression, anxiety, suicidal idea-
     3  tion, and self-harm. Children are particularly susceptible to  addictive
     4  feeds  because  they  provide  a non-stop drip of dopamine with each new
     5  piece of media and because children are less capable of  exercising  the
     6  impulse  control  necessary to mitigate these negative effects. Research
     7  shows that spending time on social media is  ten  times  more  dangerous
     8  than  other  kinds  of  screentime. Among girls, the association between
     9  poor mental health and social media use is  stronger  than  the  associ-
    10  ations  between  poor mental health and binge drinking, obesity, or hard
    11  drug use.   Research also shows that social  media  usage  at  night  is
    12  particularly  harmful  to  children's  health. Self-regulation by social
    13  media companies has not and will not work because  the  addictive  feeds
    14  are profitable, designed to make users stay on services so that children
    15  can see more ads and the companies can collect more data.
    16    This  act,  therefore, prohibits social media companies from providing
    17  children under 18 with addictive feeds absent parental consent. This act
    18  will still permit minors to view non-addictive  feeds  and  any  content
    19  available on a social media platform, such as feeds listed in chronolog-
    20  ical  order, to ensure that children can still obtain all the core bene-
    21  fits of social media, and does not limit social media companies' ability
    22  to moderate in good faith to protect children from harmful or  otherwise
    23  objectionable  content.  Moreover,  this act only imposes obligations on
    24  social media companies where the addictive feed is a significant part of
    25  their platform, and not on online services that provide  such  feeds  as
    26  ancillary  features  or  add-ons,  or  where users are on the feed for a
    27  relatively small portion of their time using the service.
    28    To limit access to addictive feeds, this act will require social media
    29  companies to use commercially reasonable methods to determine user  age.
    30  Regulations  by  the  attorney  general  will provide guidance, but this
    31  flexible standard will be based on the totality  of  the  circumstances,
    32  including the size, financial resources, and technical capabilities of a
    33  given social media company, and the costs and effectiveness of available
    34  age determination techniques for users of a given social media platform.
    35  For  example,  if  a social media company is technically and financially
    36  capable of effectively determining the age of a user based on its exist-
    37  ing data concerning that user, it  may  be  commercially  reasonable  to
    38  present  that  as  an  age  determination  option to users. Although the
    39  legislature considered a statutory  mandate  for  companies  to  respect
    40  automated  browser  or device signals whereby users can inform a covered
    41  operator that they are a covered minor, we determined that the  attorney
    42  general  would  already  have  discretion  to  promulgate such a mandate
    43  through its rulemaking authority related to commercially reasonable  and
    44  technologically  feasible  age  determination  methods.  The legislature
    45  believes that such a mandate can  be  more  effectively  considered  and
    46  tailored through that rulemaking process. Existing New York antidiscrim-
    47  ination  laws  and  the  attorney  general's  regulations  will require,
    48  regardless, that social media companies provide a range of age verifica-
    49  tion methods all New Yorkers can use, and will  not  use  age  assurance
    50  methods that rely solely on biometrics or require government identifica-
    51  tion that many New Yorkers do not possess.
    52    § 3. The general business law is amended by adding a new article 45 to
    53  read as follows:
    54                                 ARTICLE 45
    55                              SAFE FOR KIDS ACT
    56  Section 1500. Definitions.
        S. 7694--A                          3

     1          1501. Prohibition of addictive feeds.
     2          1502. Overnight notifications.
     3          1503. Parental control.
     4          1504. Nondiscrimination.
     5          1505. Rulemaking authority.
     6          1506. Language access.
     7          1507. Scope.
     8          1508. Remedies.
     9    §  1500.  Definitions. For the purposes of this article, the following
    10  terms shall have the following meanings:
    11    1. "Addictive feed" shall  mean  a  website,  online  service,  online
    12  application,  or  mobile  application,  or  a  portion thereof, in which
    13  multiple pieces of media generated or shared  by  users  of  a  website,
    14  online  service,  online  application,  or  mobile  application,  either
    15  concurrently or sequentially, are recommended, selected, or  prioritized
    16  for display to a user based, in whole or in part, on information associ-
    17  ated  with  the  user  or the user's device, unless any of the following
    18  conditions are met, alone or in combination with one another:
    19    (a) the recommendation,  prioritization,  or  selection  is  based  on
    20  information  that is not persistently associated with the user or user's
    21  device, and does not concern the user's previous interactions with media
    22  generated or shared by other users;
    23    (b) the recommendation, prioritization, or selection is based on user-
    24  selected privacy or accessibility  settings,  or  technical  information
    25  concerning the user's device;
    26    (c) the user expressly and unambiguously requested the specific media,
    27  media by the author, creator, or poster of media the user has subscribed
    28  to,  or media shared by users to a page or group the user has subscribed
    29  to, provided that the media is not recommended, selected, or prioritized
    30  for display based, in whole or in part, on other information  associated
    31  with  the  user  or  the user's device that is not otherwise permissible
    32  under this subdivision;
    33    (d) the user  expressly  and  unambiguously  requested  that  specific
    34  media, media by a specified author, creator, or poster of media the user
    35  has  subscribed to, or media shared by users to a page or group the user
    36  has subscribed to pursuant to paragraph  (c)  of  this  subdivision,  be
    37  blocked,  prioritized  or  deprioritized  for display, provided that the
    38  media is not recommended, selected, or prioritized for display based, in
    39  whole or in part, on other information associated with the user  or  the
    40  user's device that is not otherwise permissible under this subdivision;
    41    (e) the media are direct and private communications;
    42    (f)  the  media  are  recommended,  selected,  or  prioritized only in
    43  response to a specific search inquiry by the user;
    44    (g) the media recommended, selected, or  prioritized  for  display  is
    45  exclusively  next in a pre-existing sequence from the same author, crea-
    46  tor, poster, or source; or
    47    (h) the recommendation, prioritization, or selection is  necessary  to
    48  comply  with  the provisions of this article and any regulations promul-
    49  gated pursuant to this article.
    50    2. "Addictive social media platform"  shall  mean  a  website,  online
    51  service,  online  application,  or  mobile  application,  that offers or
    52  provides users an addictive feed as a significant part of  the  services
    53  provided  by such website, online service, online application, or mobile
    54  application.
        S. 7694--A                          4
 
     1    3. "Covered minor" shall mean a user of  a  website,  online  service,
     2  online  application, or mobile application in New York when the operator
     3  has actual knowledge the user is a minor.
     4    4.  "Covered  user"  shall  mean  a user of a website, online service,
     5  online application, or mobile application in New York, not acting as  an
     6  operator, or agent or affiliate of the operator, of such website, online
     7  service, online application, or mobile application, or any portion ther-
     8  eof.
     9    5. "Media" shall mean text, an image, or a video.
    10    6. "Minor" shall mean an individual under the age of eighteen.
    11    7.  "Covered operator" shall mean any person, business, or other legal
    12  entity, who operates or provides an addictive social media platform.
    13    8. "Parent" shall mean parent or legal guardian.
    14    § 1501. Prohibition of addictive feeds. 1. It shall be unlawful for  a
    15  covered operator to provide an addictive feed to a covered user unless:
    16    (a)  the covered operator has used commercially reasonable and techni-
    17  cally feasible methods to determine that  the  covered  user  is  not  a
    18  covered minor; or
    19    (b)  the  covered operator has obtained verifiable parental consent to
    20  provide an addictive feed to a covered minor.
    21    2. (a) The attorney general shall promulgate  regulations  identifying
    22  commercially  reasonable  and  technically  feasible methods for covered
    23  operators to determine if a covered user is  a  covered  minor  required
    24  pursuant to subdivision one of this section, and any exceptions thereto.
    25    (b)  In  promulgating  such  regulations,  the  attorney general shall
    26  consider the size, financial resources, and  technical  capabilities  of
    27  the  addictive  social  media  platform,  the costs and effectiveness of
    28  available age determination techniques for users of the addictive social
    29  media platform, the audience of the  addictive  social  media  platform,
    30  prevalent  practices  of  the  industry of the covered operator, and the
    31  impact of the age determination techniques on the covered users' safety,
    32  utility, and experience.
    33    (c) Such regulations shall also identify  the  appropriate  levels  of
    34  accuracy  that would be commercially reasonable and technically feasible
    35  for covered operators to achieve in determining whether a  covered  user
    36  is  a  covered  minor. Such regulations shall set forth multiple commer-
    37  cially reasonable and technically feasible methods for a covered  opera-
    38  tor  to  determine  if  a  covered user is a covered minor, including at
    39  least one method that either does not rely solely on  government  issued
    40  identification or that allows a covered user to maintain anonymity as to
    41  the covered operator of the addictive social media platform.
    42    (d)  Where  a  covered  operator  has used commercially reasonable and
    43  technically feasible age determination methods in compliance  with  such
    44  regulations  and  has  not  determined  that a covered user is a covered
    45  minor, the covered operator shall operate under the presumption that the
    46  covered user is not a covered minor for the purposes  of  this  article,
    47  unless  it  obtains  actual knowledge that the covered user is a covered
    48  minor.
    49    3. Information collected for the  purpose  of  determining  a  covered
    50  user's  age under paragraph (a) of subdivision one of this section shall
    51  not be used for any purpose other than age determination  and  shall  be
    52  deleted  immediately after an attempt to determine a covered user's age,
    53  except where necessary for compliance with any applicable provisions  of
    54  New York state or federal law or regulation.
    55    4. The attorney general shall promulgate regulations identifying meth-
    56  ods  of  obtaining verifiable parental consent pursuant to paragraph (b)
        S. 7694--A                          5
 
     1  of subdivision one of this section and section fifteen  hundred  two  of
     2  this article.
     3    5.  Information collected for the purpose of obtaining such verifiable
     4  parental consent shall not be used for any purpose other than  obtaining
     5  verifiable  parental  consent  and shall be deleted immediately after an
     6  attempt to obtain verifiable  parental consent, except  where  necessary
     7  for  compliance  with  any  applicable  provisions  of New York state or
     8  federal law or regulation.
     9    6. Nothing in this section shall be construed as requiring any  opera-
    10  tor  to  give  a parent who grants verifiable parental consent any addi-
    11  tional or special access to or control over  the  data  or  accounts  of
    12  their child.
    13    7. Nothing in this section shall be construed as preventing any action
    14  taken  in good faith to restrict access to or availability of media that
    15  the covered operator considers to be obscene, lewd, lascivious,  filthy,
    16  excessively  violent,  harassing, or otherwise objectionable, whether or
    17  not such material is constitutionally protected.
    18    § 1502. Overnight notifications. It shall be unlawful for the  covered
    19  operator  of an addictive social media platform to, between the hours of
    20  12 AM Eastern and 6 AM Eastern, send notifications concerning an  addic-
    21  tive feed to a covered minor unless the operator has obtained verifiable
    22  parental consent to send such nighttime notifications.
    23    §  1503.  Parental control. Nothing in this article shall be construed
    24  as requiring the operator of an addictive social media platform to  give
    25  a parent any additional or special access to or control over the data or
    26  accounts of their child.
    27    §  1504.  Nondiscrimination.  A  covered  operator shall not withhold,
    28  degrade, lower the quality,  or  increase  the  price  of  any  product,
    29  service,  or  feature,  other  than as necessary for compliance with the
    30  provisions of this article  or  any  rules  or  regulations  promulgated
    31  pursuant  to this article, to a covered user due to the covered operator
    32  not being permitted to provide an addictive feed to  such  covered  user
    33  under subdivision one of section fifteen hundred one of this article.
    34    §  1505.  Rulemaking  authority. The attorney general shall promulgate
    35  such rules and regulations as are necessary to  effectuate  and  enforce
    36  the provisions of this article.
    37    § 1506.  Language access. 1. Instructions to parents on how to provide
    38  verifiable  parental  consent  under paragraph (b) of subdivision one of
    39  section fifteen hundred one of this article shall be made  available  in
    40  no  fewer  than  the  twelve  most commonly spoken languages in New York
    41  state consistent with section two hundred two-a of the executive law and
    42  as further  defined by regulations promulgated by the attorney general.
    43    2. The attorney general shall ensure that any  public  information  or
    44  guidance that it may provide concerning this chapter is available in the
    45  twelve most commonly spoken languages in New  York state consistent with
    46  section two hundred two-a of the executive law and as further defined by
    47  regulations promulgated by the attorney general.
    48    §  1507.  Scope. 1. This article shall apply to conduct that occurs in
    49  whole or in part in New York. For  purposes  of  this  article,  conduct
    50  takes  place  wholly  outside  of New York if the addictive social media
    51  platform is accessed by a user who is physically located outside of  New
    52  York.
    53    2.  Nothing in this article shall be construed to impose liability for
    54  commercial activities or actions by operators subject  to  15  U.S.C.  §
    55  6501  that  is  inconsistent  with  the  treatment of such activities or
    56  actions under 15 U.S.C. § 6502.
        S. 7694--A                          6
 
     1    § 1508. Remedies. 1.  No earlier than one hundred  eighty  days  after
     2  the  effective date of this article, whenever it appears to the attorney
     3  general, either upon complaint or otherwise, that any person, within  or
     4  outside  the  state,  has engaged in or is about to engage in any of the
     5  acts  or  practices  stated to be unlawful in this article, the attorney
     6  general may bring an action or special proceeding in  the  name  and  on
     7  behalf of the people of the state of New York to enjoin any violation of
     8  this  article,  to obtain restitution of any moneys or property obtained
     9  directly or indirectly by any such violation, to obtain disgorgement  of
    10  any  profits  or  gains  obtained  directly  or  indirectly  by any such
    11  violation, including but not limited to the  destruction  of  unlawfully
    12  obtained  data,  to  obtain damages caused directly or indirectly by any
    13  such violation, to obtain civil penalties of up to five thousand dollars
    14  per violation, and to obtain any such other and further  relief  as  the
    15  court may deem proper, including preliminary relief.
    16    2.   The   attorney  general  shall  maintain  a  website  to  receive
    17  complaints, information or referrals from members of the public concern-
    18  ing a covered operator's or social media platform's  alleged  compliance
    19  or non-compliance with the provisions of this article.
    20    §  4. Severability.   If any clause, sentence, paragraph, subdivision,
    21  section or part of this act shall be adjudged by any court of  competent
    22  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    23  invalidate the remainder thereof, but shall be confined in its operation
    24  to the clause, sentence, paragraph, subdivision, section or part thereof
    25  directly involved in the controversy in which such judgment  shall  have
    26  been rendered. It is hereby declared to be the intent of the legislature
    27  that  this  act  would have been enacted even if such invalid provisions
    28  had not been included herein.
    29    § 5. This act shall take effect on the one hundred eightieth day after
    30  the office of the attorney general  shall  promulgate  rules  and  regu-
    31  lations  necessary  to  effectuate  the provisions of this act; provided
    32  that the office of the attorney general  shall  notify  the  legislative
    33  bill  drafting  commission  upon  the occurrence of the enactment of the
    34  rules  and  regulations    necessary  to  effectuate  and  enforce   the
    35  provisions of section three of this act in order that the commission may
    36  maintain an accurate and timely effective data base of the official text
    37  of  the laws of the state of New York in furtherance of effectuating the
    38  provisions of section 44 of the legislative law and section 70-b of  the
    39  public  officers  law.  Effective  immediately,  the addition, amendment
    40  and/or repeal of any rule or regulation necessary for the implementation
    41  of this act on  its  effective  date  are  authorized  to  be  made  and
    42  completed on or before such effective date.