NY State Senate Bill 2021-S3711

Archive: Last Bill Status - In Senate Committee Internet And Technology 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to internet and technology
Jan 30, 2021	referred to internet and technology

2021-S3711 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: State Technology
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9014
2023-2024: S1583

2021-S3711 (ACTIVE) - Summary

Establishes the internet media freedom task force to study the practices and policies of social media companies that allow the posting of third-party content by users, as well as other issues relating to dissemination of such content, including but not limited to, forms of censorship employed by social media companies.

2021-S3711 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3711

SPONSOR: ORTT
 
TITLE OF BILL:

An act to establish the internet media freedom task force; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a legislative task force on internet media freedom, defines
its composition, and directs this task force to study and report on the
potential implementation of legislation, rules, and regulations, at both
a state and federal level, with respect to preserving free access to
internet platforms for all points of view.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 consists of Legislative Findings.

Section 2 directs the establishment of the legislative task force on

internet media freedom and defines the parameters of the task force's
work.

Section 3 includes provisions for the appointment of the task force
membership. The eight-member task force will be composed of two appoint-
ments by each of the four Legislative Leaders. Each appointed member
should have backgrounds in news publishing, including online media
publishing, and/or the study of law.

Section 4 addresses the organization and subsequent meeting schedule of
the task force, as well as including provisions directing the establish-
ment of a task force website, which is to allow the public to both view
and comment upon task force proceedings.

Section 5 requires the task force to hold a minimum of two public hear-
ings for the purpose of soliciting public comment.

Section 6 defines the powers and duties of the task force, as well as
authorizing the task force to hire staff and to expend such funds as are
appropriated to it.

Section 7 contains task force reporting requirements, which requires a
final report of its findings and recommendations by December 31, 2021 to
the Governor, the four Legislative Leaders and the New York State
Congressional Delegation.

Section 8 provides for the dissolution of the task force upon the
completion of its final report.

Section 9 contains the effective date, immediately.

 
JUSTIFICATION:

The 21st Century has seen an increasing reliance upon social media as a
source of news and information. The pattern employed by certain internet
companies of restricting access based upon the political preferences or
biases of company ownership or management calls into question whether or
not these actions act as a de facto suppression of free speech. Social
media platforms have at times taken it upon themselves to act as arbi-
ters of truth and have even gone so far as to block access to recognized
political parties.

While the First Amendment protects free speech, section 230 of the
federal Communications Decency Act shields interactive computer services
from liability for content created by their users. This permits internet
companies to moderate their sites without being legally liable for
everything that they host. It is appropriate for the legislature to
examine this issue, with a goal of promoting state and federal policies
that will guarantee that all points of view are afforded the ability to
present their cases to the general public, without any entities appoint-
ing themselves as the gatekeepers of what points of view are to be
considered permissible by use of their legal ability to moderate
content.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: Referred to Rules.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Negligible.

 
EFFECTIVE DATE:
Immediate.

2021-S3711 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3711
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to establish the internet media freedom task force; and providing
   for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative Findings. The twenty-first century has seen an
 increasing reliance upon social media as a source of news  and  informa-
 tion.  Social media platforms allow third-party users to post content on
 an unlimited number of issues, and,  unfortunately,  though  not  solely
 designed  or  intended  for  such use, more and more people have come to
 rely on these third-party postings as their main source  of  news.  Some
 social  media platforms have recently taken it upon themselves to act as
 arbiters of truth, and have even gone so far as to block access  to  the
 President of the United States. Given the expanding use of, and reliance
 on,  these  social media platforms as a source of news, it is imperative
 that use of such platforms be open and  maintained  for  all  people  to
 ensure  that no perspective or piece of information is barred or blocked
 from view by the public at large who has come to rely on such  platforms
 for information.
   §  2.  Legislative task force on internet media freedom. A legislative
 task force on internet media freedom is hereby established to study  the
 practices  and policies of social media companies that allow the posting
 of third-party content by users, as well as  other  issues  relating  to
 dissemination  of  such  content, including but not limited to, forms of
 censorship employed by social media companies. The task force will  also
 examine  the impact social media has on elections, including the ability
 of candidates and political parties to access and use the  platform  and
 the use of censorship to unfairly benefit one candidate over another.
   § 3. Composition. (a) The task force shall consist of eight members to
 be  appointed  as  follows:  two members appointed by the speaker of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08035-01-1

 S. 3711                             2
 
 Assembly, two members  appointed  by  the  temporary  president  of  the
 Senate,  two  members  appointed by the minority leader of the Assembly,
 and two members appointed by the minority  leader  of  the  Senate.  All
 appointments made by legislative leaders to the task force shall, to the
 extent  practicable,  have  backgrounds  in  news  publishing, including
 online media publishing, and/or the study of law.
   (b) Members of the task force shall serve without compensation.
   (c) The members of the task force shall elect, by a majority vote, one
 of its appointed members to serve as a chair.
   § 4. Organization. (a) The task force shall meet for the first time on
 May first, two thousand twenty-two, at which time  they  shall  elect  a
 member to serve as a chair of the task force pursuant to subdivision (c)
 of section three of this act.
   (b)  The  first  meeting  of the task force shall be held in the State
 Capitol, in offices  made  available  to  it  by  the  Legislature.  The
 location  of subsequent meetings shall be at the discretion of the chair
 of the task force.
   (c) The task force shall create and maintain a website  that  provides
 access  to written submissions received by it, as well as means by which
 individuals can submit testimony and view live and archived meetings and
 hearings of the task force.
   § 5. Hearings. The task force shall be authorized to hold public hear-
 ings and meetings, and to consult  with  any  organization,  educational
 institution,  or  other  government  entity  or  person, to enable it to
 accomplish its duties. The task force shall hold  at  least  two  public
 hearings for the purpose of soliciting public comment.
   §  6.  Duties  and powers. (a) To effectuate the purposes of this act,
 the task force may request and shall receive from any department,  divi-
 sion,  board,  bureau,  commission  or  other agency of the state or any
 state public authority such assistance, information  and  data  as  will
 enable the task force to properly carry out its powers and duties.
   (b)  The  task  force  may  hire  any necessary staff to assist in the
 discharge of its duties, and may utilize funds appropriated  to  it  for
 necessary expenses related to the discharge of its duties.
   (c)  The  task  force shall undertake an examination of existing state
 and federal policies relating to publishing third-party content  on  the
 internet, including, but not limited to:
   (i)  use of social media platforms, including, but not limited to, who
 uses them, for what purposes are they used, and a  review  of  usage  in
 past political campaigns;
   (ii)  safeguards  that  exist to ensure accuracy of information posted
 online;
   (iii) use of censorship to restrict publication of third-party created
 content online;
   (iv) statutory protections that currently exist to  ensure  access  to
 social media platforms; and
   (v) liability shields that protect platform operators.
   §  7.  Report. The task force shall draft a final report detailing its
 findings, as well as any recommendations it has on changes to  state  or
 federal  law,  and to executive agency policies, actions, and procedures
 relating to the use of and access to social media. Such report shall  be
 completed  and  delivered  to the Governor, the speaker of the Assembly,
 the temporary president of the Senate, the minority leader of the Assem-
 bly, the minority leader of the Senate, and each member of the New  York
 State  Congressional  Delegation  on  or  before  December 31, 2022. The

 S. 3711                             3
 
 report shall also be made publicly available and posted on the  websites
 of the State Assembly and Senate.
   §  8.  Dissolution.  Upon completion of a final report and delivery as
 directed by this act, the legislative task  force  shall  be  dissolved;
 provided, however, that dissolution of this task force shall occur on or
 before January 1, 2023.
   §  9.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2023.

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Senate Bill S3711

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

2021-S3711 (ACTIVE) - Details

2021-S3711 (ACTIVE) - Summary

2021-S3711 (ACTIVE) - Sponsor Memo

2021-S3711 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3711

Share this bill

Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

2021-S3711 (ACTIVE) - Details

2021-S3711 (ACTIVE) - Summary

2021-S3711 (ACTIVE) - Sponsor Memo

2021-S3711 (ACTIVE) - Bill Text download pdf

Comments