NY State Senate Bill 2019-S1177

Senate Bill S1177

2019-2020 Legislative Session

Requires website operators to allow minors who have posted certain content to remove such content

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Jan 11, 2019	referred to consumer protection

2019-S1177 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §390-bb, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:: S8590

2019-S1177 (ACTIVE) - Summary

Requires website operators to allow minors who have posted certain content to remove such content; defines terms; requires website operators to provide notice to all minors that such minors may remove, or request removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users; makes exceptions

2019-S1177 (ACTIVE) - Sponsor Memo

2019-S1177 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1177
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   website  operators  to allow minors who have posted certain content to
   remove such content

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-bb to read as follows:
   §  390-BB.  SOCIAL  MEDIA  REMOVAL  BY WEBSITE OPERATORS. 1.   FOR THE
 PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "MINOR" MEANS A PERSON UNDER THE AGE OF TWENTY-ONE WHO RESIDES IN
 THIS STATE.
   (B) "OPERATOR" MEANS ANY  PERSON  OR  ENTITY  THAT  OWNS  AN  INTERNET
 WEBSITE,  ONLINE  SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION. IT
 DOES NOT INCLUDE ANY THIRD PARTY THAT OPERATES, HOSTS, OR  MANAGES,  BUT
 DOES  NOT  OWN, AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICATION,
 OR MOBILE APPLICATION ON THE OWNER'S BEHALF OR PROCESSES INFORMATION  ON
 THE OWNER'S BEHALF.
   (C)  "POSTED"  MEANS  CONTENT OR INFORMATION THAT CAN BE ACCESSED BY A
 USER IN ADDITION TO THE MINOR WHO POSTED  THE  CONTENT  OR  INFORMATION,
 WHETHER  THE  USER IS A REGISTERED USER OR NOT, OF THE INTERNET WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION,  OR  MOBILE  APPLICATION  WHERE  THE
 CONTENT OR INFORMATION IS POSTED.
   2. AN OPERATOR OF AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICA-
 TION,  OR MOBILE APPLICATION DIRECTED PRIMARILY TO MINORS OR AN OPERATOR
 OF AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,  OR  MOBILE
 APPLICATION THAT HAS ACTUAL KNOWLEDGE THAT A MINOR IS USING ITS INTERNET
 WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION SHALL
 DO ALL OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06559-01-9

 S. 1177                             2
 
   (A)  PERMIT  MINORS  WHO ARE USERS OF SUCH WEBSITES OR APPLICATIONS TO
 REMOVE OR REQUEST TO THE OPERATOR OF THE WEBSITE TO REMOVE  ANY  CONTENT
 THAT  THEY HAVE CREATED OR POSTED TO THE WEBSITE. USERS OLDER THAN TWEN-
 TY-ONE SHALL BE PERMITTED TO REMOVE OR REQUEST TO THE  OPERATOR  OF  THE
 WEBSITE  TO REMOVE ANY CONTENT CREATED OR POSTED WHEN THE USER WAS UNDER
 TWENTY-ONE EXCEPT WHEN THAT CONTENT WAS  CREATED  OR  POSTED  MORE  THAN
 TWENTY YEARS BEFORE THE REQUEST WAS MADE;
   (B) PROVIDE NOTICE TO ALL MINORS WHO ARE REGISTERED USERS OF THE OPER-
 ATOR'S  INTERNET  WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
 APPLICATION THAT THE MINOR MAY  REMOVE  OR,  IF  THE  OPERATOR  PREFERS,
 REQUEST  AND  OBTAIN  REMOVAL  OF,  CONTENT OR INFORMATION POSTED ON THE
 OPERATOR'S INTERNET WEBSITE,  ONLINE  SERVICE,  ONLINE  APPLICATION,  OR
 MOBILE APPLICATION BY THE REGISTERED USERS;
   (C)  PROVIDE  CLEAR INSTRUCTIONS TO MINORS WHO ARE REGISTERED USERS OF
 THE OPERATOR'S INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICATION,  OR
 MOBILE  APPLICATION  ON  HOW  THE  USER  MAY  REMOVE OR, IF THE OPERATOR
 PREFERS, REQUEST AND OBTAIN THE REMOVAL OF CONTENT OR INFORMATION POSTED
 ON THE OPERATOR'S INTERNET WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,
 OR MOBILE APPLICATION; AND
   (D)  PROVIDE  NOTICE  TO MINORS WHO ARE REGISTERED USERS OF THE OPERA-
 TOR'S INTERNET WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,  OR  MOBILE
 APPLICATION  THAT  THE  REMOVAL  DESCRIBED  UNDER  PARAGRAPH (A) OF THIS
 SUBDIVISION DOES NOT ENSURE COMPLETE OR  COMPREHENSIVE  REMOVAL  OF  THE
 CONTENT OR INFORMATION POSTED ON THE OPERATOR'S INTERNET WEBSITE, ONLINE
 SERVICE,  ONLINE  APPLICATION,  OR  MOBILE APPLICATION BY THE REGISTERED
 USERS.
   3. AN OPERATOR OR A THIRD PARTY IS NOT REQUIRED TO ERASE OR  OTHERWISE
 ELIMINATE,  OR  TO ENABLE ERASURE OR ELIMINATION OF, CONTENT OR INFORMA-
 TION IN ANY OF THE FOLLOWING CIRCUMSTANCES:
   (A) ANY OTHER PROVISION OF FEDERAL OR STATE LAW REQUIRES THE  OPERATOR
 OR THIRD PARTY TO MAINTAIN THE CONTENT OR INFORMATION;
   (B)  THE  CONTENT OR INFORMATION WAS STORED ON OR POSTED TO THE OPERA-
 TOR'S INTERNET WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,  OR  MOBILE
 APPLICATION  BY  A THIRD PARTY OTHER THAN THE MINOR, WHO IS A REGISTERED
 USER, INCLUDING ANY CONTENT OR INFORMATION POSTED BY THE REGISTERED USER
 THAT WAS STORED, REPUBLISHED, OR REPOSTED BY THE THIRD PARTY;
   (C) THE OPERATOR ANONYMIZES THE CONTENT OR INFORMATION POSTED  BY  THE
 MINOR  WHO  IS  A REGISTERED USER, SO THAT THE MINOR WHO IS A REGISTERED
 USER CANNOT BE INDIVIDUALLY IDENTIFIED;
   (D) THE MINOR DOES NOT FOLLOW THE INSTRUCTIONS PROVIDED TO  THE  MINOR
 PURSUANT  TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION ON HOW THE
 REGISTERED USER MAY REQUEST AND OBTAIN THE REMOVAL OF CONTENT OR  INFOR-
 MATION POSTED ON THE OPERATOR'S INTERNET WEBSITE, ONLINE SERVICE, ONLINE
 APPLICATION, OR MOBILE APPLICATION BY THE REGISTERED USER; AND
   (E)  THE  MINOR  HAS  RECEIVED COMPENSATION OR OTHER CONSIDERATION FOR
 PROVIDING THE CONTENT.
   4. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE AUTHORITY OF A LAW
 ENFORCEMENT AGENCY TO OBTAIN ANY CONTENT OR INFORMATION FROM AN OPERATOR
 AS AUTHORIZED BY LAW OR PURSUANT TO AN ORDER OF  A  COURT  OF  COMPETENT
 JURISDICTION.
   5. AN OPERATOR SHALL BE DEEMED COMPLAINT WITH THIS SECTION IF:
   (A)  IT RENDERS THE CONTENT OR INFORMATION POSTED BY THE MINOR USER NO
 LONGER VISIBLE TO OTHER USERS OF THE SERVICE AND THE PUBLIC EVEN IF  THE
 CONTENT OR INFORMATION REMAINS ON THE OPERATOR'S SERVERS IN SOME FORM.

 S. 1177                             3
 
   (B)  DESPITE  MAKING THE ORIGINAL POSTING BY THE MINOR USER INVISIBLE,
 IT REMAINS VISIBLE BECAUSE A THIRD  PARTY  HAS  COPIED  THE  POSTING  OR
 REPOSTED THE CONTENT OR INFORMATION POSTED BY THE MINOR.
   6.  THIS  SECTION  SHALL NOT BE CONSTRUED TO REQUIRE AN OPERATOR OF AN
 INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICA-
 TION TO COLLECT AGE INFORMATION ABOUT USERS.
   § 2. This act shall take effect immediately.

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