S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8558
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business  law,  in  relation  to  preventing
   interactive  computer  service providers from knowingly or negligently
   promoting developed content that is dangerous or  otherwise  injurious
   to minors

   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
 394-ccc to read as follows:
   § 394-CCC. INTERACTIVE COMPUTER SERVICE PROVIDERS; DEVELOPING  INJURI-
 OUS  CONTENT;  MINORS.  1.  AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "INTERACTIVE COMPUTER SERVICE  PROVIDERS"  SHALL  MEAN  A  SERVICE
 PROVIDER WHO OPERATES IN THE STATE OF NEW YORK, WHICH, FOR PROFIT-MAKING
 PURPOSES,  OPERATES AN INTERNET PLATFORM THAT IS DESIGNED TO DISSEMINATE
 PUBLIC CONTENT GENERATED BY THIRD PARTIES;
   (B) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
 IS GENERATED BY A THIRD PARTY OR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER;
   (C) "PROMOTE" SHALL  MEAN  TO  PRESENT,  OR  OTHERWISE  CONVEY,  THIRD
 PARTY-GENERATED   OR  INTERACTIVE  COMPUTER  SERVICE  PROVIDER-GENERATED
 CONTENT TO A TARGETED MINOR;
   (D) "MINOR" SHALL MEAN ANY PERSON UNDER THE AGE  OF  EIGHTEEN  WHO  IS
 LOCATED IN THE STATE OF NEW YORK;
   (E)  "PLATFORM"  MEANS AN APPLICATION OR WEBSITE THAT SERVES AS A BASE
 FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED;
   (F) "TARGETED MINOR" MEANS A MINOR WHO USES THE  INTERACTIVE  COMPUTER
 SERVICE,  AND  WHO THE INTERACTIVE COMPUTER SERVICE PROVIDER TARGETS FOR
 THE PURPOSE OF SENDING A DEVELOPED MESSAGE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13364-04-1
 A. 8558                             2
              

 
   (G) "TARGET, TARGETS, TARGETED, OR  TARGETING"  SHALL  MEAN  CONVEYING
 CONTENT  TO  A TARGETED MINOR SOLELY ON THE BASIS OF THEIR PERSONAL DATA
 WHICH INCLUDES, BUT IS NOT LIMITED TO, THE TARGETED MINOR'S:
   (I) LOCATION DATA, WHETHER GENERAL OR PRECISE, INCLUDING:
   (A)  THE  TIME  OF  DAY  IN  THE  MINOR'S  CURRENT OR PREDICTED FUTURE
 LOCATION;
   (B) THE WEATHER IN THE MINOR'S CURRENT OR PREDICTED FUTURE LOCATION;
   (C) THE LOCAL BUSINESSES IN THE MINOR'S CURRENT  OR  FUTURE  PREDICTED
 LOCATION;
   (D) THE NATURAL, ARTIFICIAL, OR PLANNED EVENTS IN THE USERS CURRENT OR
 FUTURE PREDICATED LOCATION;
   (E)  POLITICAL  PREFERENCES IN THE MINOR'S CURRENT OR FUTURE PREDICTED
 LOCATION; AND/OR
   (F) LANDMARKS IN THE MINOR'S CURRENT OR FUTURE PREDICTED LOCATION.
   (II) INCOME RELATED ACTIVITIES, INCLUDING THE MINOR'S:
   (A) INCOME LEVEL;
   (B) PROFESSION;
   (C) EMPLOYMENT STATUS;
   (D) SOURCE OF INCOME; AND/OR
   (E) INVESTMENTS.
   (III) RELATIONSHIP STATUS, INCLUDING WHETHER THE USER IS:
   (A) SINGLE;
   (B) MARRIED;
   (C) DIVORCED;
   (D) ENGAGING IN AN AFFAIR;
   (E) IN A DOMESTIC PARTNERSHIP;
   (F) ENGAGED;
   (G) IN A ROMANTIC OR INTIMATE SOCIAL RELATIONSHIP; AND/OR
   (H) IS CONTEMPLATING OR IS IN THE PROCESS OF TERMINATING  A  RELATION-
 SHIP.
   (IV) SOCIAL STATUS, INCLUDING WHETHER THE USER:
   (A) IS A PUBLIC OFFICIAL;
   (B) IS A PUBLIC FIGURE;
   (C) IS A LIMITED PURPOSE PUBLIC FIGURE;
   (D) IS INVOLUNTARILY THRUST INTO THE PUBLIC DOMAIN;
   (E)  RECEIVES  A  SIGNIFICANT AMOUNT OF ENGAGEMENTS ON THE INTERACTIVE
 COMPUTER SERVICE PROVIDER'S PLATFORM; AND/OR
   (F) RECEIVES AN INSIGNIFICANT AMOUNT OF ENGAGEMENTS  OR  IS  WITHIN  A
 SPECIFIC  THRESHOLD  OF  ENGAGEMENTS  ON AN INTERACTIVE COMPUTER SERVICE
 PROVIDER'S PLATFORM.
   (V) PSYCHOLOGICAL PROFILE, WHETHER GENERATED  BASED  ON  PSYCHOLOGICAL
 CONDITIONS  SET  BY THE INTERACTIVE COMPUTER SERVICE PROVIDER, OR UNIQUE
 OR GENERALLY ACCEPTED PSYCHOLOGICAL CONDITIONS;
   (VI) VETERAN STATUS, INCLUDING WHETHER THE USER:
   (A) HAS SERVED IN THE ARMED FORCES OF THE  UNITED  STATES  OR  ANOTHER
 COUNTRY;
   (B)  IS  CURRENTLY SERVING IN THE ARMED FORCES OF THE UNITED STATES OR
 ANOTHER COUNTRY;
   (C) HAS BEEN DISCHARGED, WHETHER HONORABLY,  FOR  MEDICAL  REASONS  OR
 OTHERWISE; AND/OR
   (D)  IS  NOT  A VETERAN NOR A MEMBER OF THE ARMED FORCES OF THE UNITED
 STATES OR ANOTHER COUNTRY.
   (VII) MEDICAL CONDITION OR STATUS, INCLUDING THE MINOR'S:
   (A) MENTAL STATE;
   (B) PHYSICAL STATE;
   (C) EMOTIONAL STATE; AND/OR
 A. 8558                             3
 
   (D) FREQUENCY OF THEIR RECEIPT OF MEDICAL CARE.
   (VIII) SEX;
   (IX) GENDER;
   (X) NATIONAL ORIGIN;
   (XI) AGE;
   (XII) RACE;
   (XIII) RELIGION; AND
   (XIV) FAMILIAL DEMOGRAPHICS, INCLUDING:
   (A) WHETHER THE USER IS PREGNANT OR EXPECTING A CHILD;
   (B) THE DEMOGRAPHIC MAKEUP OF THE MINOR'S FAMILY;
   (C) THE NUMBER OF PEOPLE IN THE MINOR'S FAMILY;
   (D) THE EMOTIONAL RELATIONSHIP BETWEEN FAMILY MEMBERS; AND/OR
   (E)  AN  IMMEDIATE OR DISTANT RELATIVE'S PERSONAL DATA AS DESCRIBED IN
 SUBPARAGRAPHS (I)-(XIII) OF THIS PARAGRAPH OR THEIR FAMILIAL  DEMOGRAPH-
 ICS STATUS AS DESCRIBED IN CLAUSES(A)-(D) OF THIS SUBPARAGRAPH; AND
   (H) "DEVELOPED OR DEVELOPING" SHALL MEAN:
   (I)  THE  INTERACTIVE COMPUTER SERVICE PROVIDER GENERATING OR ALTERING
 VISIBLE PORTIONS OF CONTENT OR A GROUP OF CONTENT; OR
   (II) THE INTERACTIVE COMPUTER SERVICE PROVIDER  SUFFICIENTLY  ALTERING
 THE  MEANING OF CONTENT OR A GROUP OF CONTENT GENERATED BY THIRD PARTIES
 THROUGH THE CALCULATED TARGETING OF THE SPECIFIC MINOR SUCH THAT  A  NEW
 MESSAGE  IS  DEEMED  TO  BE  CREATED BY THE INTERACTIVE COMPUTER SERVICE
 PROVIDER.
   2. AN INTERACTIVE COMPUTER SERVICE PROVIDER THAT CONDUCTS BUSINESS  IN
 THE  STATE  SHALL  NOT  KNOWINGLY OR NEGLIGENTLY INJURE A TARGETED MINOR
 WITH PROMOTED CONTENT THAT THE  INTERACTIVE  COMPUTER  SERVICE  PROVIDER
 DEVELOPED.
   THE  INTERACTIVE  COMPUTER  SERVICE  PROVIDER  SHALL  BE LIABLE TO THE
 TARGETED MINOR IN A CIVIL ACTION FOR ANY ACTUAL, PHYSICAL, AND EMOTIONAL
 HARM INCURRED FROM A VIOLATION OF THIS  SECTION,  AS  WELL  AS  PUNITIVE
 DAMAGES. SUCH INTERACTIVE COMPUTER SERVICES PROVIDER SHALL INCUR A CIVIL
 PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS PER OFFENSE.
   3.  IT  IS NOT A DEFENSE TO THIS SECTION THAT THE INTERACTIVE COMPUTER
 SERVICE PROVIDER INCORRECTLY DETERMINED THE TARGETED MINOR'S DATA.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS:
   (A) AN OBLIGATION IMPOSED ON AN INTERACTIVE COMPUTER SERVICE  PROVIDER
 THAT  ADVERSELY  AFFECTS  THE RIGHTS OR FREEDOMS OF ANY PERSONS, SUCH AS
 EXERCISING THE RIGHT OF FREE SPEECH PURSUANT TO THE FIRST  AMENDMENT  TO
 THE UNITED STATES CONSTITUTION;
   (B)  AN  ADDITIONAL  OR INCREASED LIABILITY OF AN INTERACTIVE COMPUTER
 SERVICE PROVIDER  FOR  ANYTHING  OTHER  THAN  KNOWINGLY  OR  NEGLIGENTLY
 PROMOTING CONTENT THAT IS DETRIMENTAL TO MINORS WHO USE SUCH INTERACTIVE
 COMPUTER SERVICE PROVIDER PROMOTING CONTENT TO NON-TARGETED MINORS BASED
 SOLELY ON THEIR LOCATION AND/OR TIME DATA;
   (C) CREATING ANY LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER FOR PROMOTING CONTENT THAT IS NOT SUFFICIENTLY DEVELOPED TO BE DEEMED
 A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION; OR
   (D) CREATING ANY LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVID-
 ER  FOR  PROMOTING DANGEROUS OR OTHERWISE INJURIOUS DEVELOPED CONTENT IN
 ANOTHER STATE.
   5. IN DETERMINATION OF ANY SUCH VIOLATION, THE ATTORNEY GENERAL  SHALL
 BE  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE RELEVANT
 FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL  PRACTICE  LAW
 AND RULES.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.