NY State Senate Bill 2021-S8300

Senate Bill S8300

2021-2022 Legislative Session

Prohibits interactive computer service providers from knowingly developing or promoting content that is dangerous or injurious

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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
Feb 10, 2022	referred to internet and technology

2021-S8300 (ACTIVE) - Details

See Assembly Version of this Bill:: A8557
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-ccc, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S4848, A1108

2021-S8300 (ACTIVE) - Summary

Prohibits interactive computer service providers from knowingly promoting content to a targeted user and with the intention of developing the content, cause the user extreme emotional harm, physical injury or financial injury.

2021-S8300 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8300

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
interactive computer service providers from knowingly developing or
promoting content that is dangerous or injurious

 
PURPOSE OR GENERAL IDEA OF BILL:

Provides remedies for any person when an interactive computer service
provider causes extreme emotional harm, physical injury, financial inju-
ry, or another type of foreseeable, severe, cognizable injury.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides important definitions that are critical in determin-
ing whether content is sufficiently developed, namely, what "targeting"
is, what "promoting" is, and what a "developed messages" is. It also
provides the elements for determining interactive computers service
provider liability and the type of liability they will incur if they

violate the act.

 
JUSTIFICATION:

Interactive computer service providers wield immeasurable power in our
society. They are free to act in a variety of unethical and unlawful
ways that are at odds with our modern society's principles.  Interactive
computer service providers are protected under law from being considered
as the publisher or speaker of content generated by their users under 42
U.S.C. Section 230. As a result, they are not accountable for any user-
generated content hosted on their websites.  However, when they "devel-
op, in whole or in part," content, they lose their protection under
Section 230. This bill aims to hold interactive computer service provid-
ers civilly liable for damages resulting from content they develop in
accordance with Section 230.

The content that an interactive computer service provider directly
alters or creates is referred to as developed content. However, when
particular user-generated content is targeted towards a specific indi-
vidual, based on their specific characteristics, and in specified ways
such as time, location, and placement of content on a page - it can be
considered developed content. When a message is promoted in such a
calculated manner, the intended message is no longer the message that
the targeted user sees in the user-generated material.  Instead, the
message becomes the underlying message that the interactive computer
service provider is aiming to communicate to a user. This is because
targeting specific people with specific content necessitates sending a
specialized, targeted message that, while comparable to the information
being delivered, is uniquely crafted for the targeted user. For example,
if a social media platform promotes third-party generated content that
encourages eating disorders to a targeted user the third-party generated
content may expressly state a message encouraging such a disorder, but
if that message, along with many others, is delivered to a figure-cons-
cious person around dinner time (which the interactive computer service
provider knows about because they determined their individual character-
istics, location, and other factors), then that message is evidently

intended to be developed into "This large group of reputable people do
not want you to eat dinner tonight."

The purpose of this act is to hold interactive computer service provid-
ers responsible exclusively for generating messages that cause the kind
of injuries specified by the act. The act is not intended to hold inter-
active computer service providers responsible for targeting users with
content based only on their location and/or time data, because such
information cannot, without more, be employed in any exploitative or
inflammatory way. Furthermore, because the risk of harm is so minimal in
these instances, this exception balances the benefits of promoting local
businesses to users in a specific region with the harms of advertising
harmful content to user.

Prominent examples of injury are covered by this act. These include
content which causes extreme emotional harm, physical harm, financial
harm, and other foreseeable, severe, and cognizable harms.

Extreme emotional harm varies from person to person; nevertheless, as
previously indicated, an interactive computer service provider knows who
they are targeting and sends specific messages to specific people for
specific reasons. As a result, the interactive computer service provider
will inevitably know exactly who they are targeting and will be able to
anticipate that person's unique triggers. As a result, they can antic-
ipate the sort of reaction that the promoted material would elicit with
near certainty using their large collection of unique identifiers and
statistical data.

This act also covers physical injury, whether self-inflicted or other-
wise. This would make an interactive computer service provider liable
for any harm caused by the content shown to the user, such as content
that the interactive computer service provider knows will cause severe
fright in a person or exacerbate a known condition - such as seizures
and self-inflicted injury caused by the aforementioned severe emotional
harm. Additionally, it covers an interactive computer service provider
both causing and exacerbating addiction, such as with alcohol, drugs,
products, services, and other types of addictions that can harm a
person.

This act also covers financial harm, whether self-inflicted or other-
wise, in the same manner as it covers physical injury. This would
include gambling addictions, addictions to risking one's finances in
speculative assets like stocks, cryptocurrency, and other forms of
investment, promoting scams and other predatory businesses like high-in-
terest-rate lenders and get-rich quick schemes and courses that they
know the targeted user is likely to spend their money on, and any other
type of financial injury that is foreseeable based upon the interactive
computer service provider's known characteristics and the targeting of
the user.

Finally, the last part addresses any type of foreseeable, severe, and
cognizable harm resulting from the promotion of a developed message.
These types of injuries are not considered emotional, physical, or
financial injuries, and should be assessed on a case-by-case basis based
on how foreseeable, severe, and cognizable the harm was. An interactive
computer service provider inciting someone to commit acts of political
violence against others, for example, might be considered an injury

under the act in both the victim and the perpetrator of the crime in
some circumstances, while in others it might not.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S8300 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8300
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  prohibiting
   interactive  computer  service  providers from knowingly developing or
   promoting content that is dangerous or injurious

   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;    DEVELOPING  INJURIOUS
 CONTENT.  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "INTERACTIVE COMPUTER SERVICE" MEANS A  SERVICE  PROVIDER,  WHICH,
 FOR  PROFIT-MAKING  PURPOSES  OPERATES  AN  INTERNET  PLATFORM  THAT  IS
 DESIGNED TO DISSEMINATE PUBLIC CONTENT GENERATED BY A THIRD-PARTY;
   (B) "CONTENT" MEANS THE TEXTUAL, VISUAL OR AURAL INFORMATION  THAT  IS
 GENERATED BY A THIRD-PARTY OR THE INTERACTIVE COMPUTER SERVICE PROVIDER;
   (C)  "PROMOTE" MEANS TO PRESENT OR OTHERWISE CONVEY THIRD-PARTY-GENER-
 ATED OR INTERACTIVE COMPUTER SERVICE  PROVIDER-GENERATED  CONTENT  TO  A
 TARGET USER;
   (D)  "USER"  MEANS ANY PERSON WHO IS LOCATED IN THE STATE WHO UTILIZES
 AN INTERACTIVE COMPUTER SERVICE PROVIDER'S PLATFORM;
   (E) "PLATFORM" MEANS AN APPLICATION OR WEBSITE DEVELOPED BY AN  INTER-
 ACTIVE  COMPUTER  SERVICE  PROVIDER THAT ACTS AS AN INTERMEDIARY BETWEEN
 USERS AND A THIRD-PARTY TO DISSEMINATE CONTENT;
   (F) "TARGET USER" MEANS A PERSON  WHO  USES  AN  INTERACTIVE  COMPUTER
 SERVICE   AND WHOM THE INTERACTIVE COMPUTER SERVICE PROVIDER TARGETS FOR
 THE PURPOSE OF SENDING A DEVELOPED MESSAGE; AND
   (G) "TARGET, TARGETS, TARGETED, OR TARGETING" MEANS CONVEYING  CONTENT
 TO  A  TARGET  USER  SOLELY  ON  THE  BASIS OF THEIR PERSONAL DATA WHICH
 INCLUDES, BUT IS NOT LIMITED, TO A TARGET USER'S:
   (I) LOCATION DATA, WHETHER GENERAL OR PRECISE,  INCLUDING:    (A)  THE
 TIME  OF DAY IN THE USER'S CURRENT OR PREDICTED FUTURE LOCATION; (B) THE
 WEATHER IN THE USER'S CURRENT OR  PREDICTED  FUTURE  LOCATION;  (C)  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13403-03-1
 S. 8300                             2
 
 LOCAL BUSINESSES IN THE USER'S CURRENT OR FUTURE PREDICTED LOCATION; (D)
 THE  NATURAL,  ARTIFICIAL,  OR  PLANNED  EVENTS IN THE USER'S CURRENT OR
 FUTURE PREDICTED LOCATION;  (E)  POLITICAL  PREFERENCES  IN  THE  USER'S
 CURRENT OR FUTURE PREDICTED LOCATION; AND/OR (F) LANDMARKS IN THE USER'S
 CURRENT OR FUTURE PREDICTED LOCATION;
   (II)  INCOME  RELATED  ACTIVITIES,  INCLUDING THE USER'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 RELATION-
 SHIP;  AND/OR  (H)  CONTEMPLATING  OR IS IN THE PROCESS OF TERMINATING A
 RELATIONSHIP;
   (IV) SOCIAL STATUS, INCLUDING WHETHER THE USER: (A) IS A PUBLIC  OFFI-
 CIAL;  (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 THE
 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 OTHER-
 WISE; 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 USER'S: (A) MENTAL
 STATE; (B) PHYSICAL STATE; (C) EMOTIONAL STATE; AND/OR (D) FREQUENCY  OF
 THEIR RECEIPT OF MEDICAL CARE;
   (VIII) SEX;
   (IX) GENDER;
   (X) NATIONAL ORIGIN;
   (XI) AGE;
   (XII) RACE;
   (XIII) RELIGION; AND/OR
   (IX)  FAMILIAL  DEMOGRAPHICS, INCLUDING: (A) WHETHER THE USER IS PREG-
 NANT OR EXPECTING A CHILD; (B) THE  DEMOGRAPHIC  MAKEUP  OF  THE  USER'S
 FAMILY; (C) THE NUMBER OF PEOPLE IN THE USER'S FAMILY; (D) THE EMOTIONAL
 RELATIONSHIP  BETWEEN FAMILY MEMBERS; AND/OR (E) AN IMMEDIATE OR DISTANT
 RELATIVE'S SOCIAL STATUS, VETERAN STATUS, MEDICAL STATUS  OR  PSYCHOLOG-
 ICAL  PROFILE,  RELATIONSHIP  STATUS,  INCOME RELATED ACTIVITIES, INCOME
 LEVEL, LOCATION DATA, AGE, SEX, GENDER, RACE, NATIONAL ORIGIN, RELIGION,
 OR FAMILIAL STATUS AS DESCRIBED IN THIS PARAGRAPH;
   (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 PERSON 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
 THIS STATE SHALL NOT KNOWINGLY:
 S. 8300                             3
 
   (A) PROMOTE ANY CONTENT TO A TARGETED USER; AND
   (B)  WITH  THE INTENTION OF DEVELOPING THE CONTENT, CAUSE: (I) EXTREME
 EMOTIONAL HARM; (II) PHYSICAL INJURY, INCLUDING SELF-INFLICTED INJURY OR
 INJURY RESULTING FROM  ADDICTION  WHEREBY  THE  CONTENT  BEING  PROMOTED
 CREATED  THE  ADDICTION  OR  ENCOURAGED  SUCH  USER  TO INDULGE IN THEIR
 ADDICTION; (III) FINANCIAL INJURY,  INCLUDING  SELF-INFLICTED  FINANCIAL
 INJURY AND FINANCIAL INJURY RESULTING FROM ADDICTION WHEREBY THE CONTENT
 BEING  PROMOTED CREATED THE ADDICTION OR ENCOURAGED SUCH USER TO INDULGE
 IN THEIR ADDICTION; OR (IV) ANY OTHER SEVERE, COGNIZABLE INJURY THAT THE
 INTERACTIVE COMPUTER SERVICE PROVIDER  COULD  REASONABLY  FORESEE  WOULD
 OCCUR AS A RESULT OF THEM PROMOTING THE DEVELOPED MESSAGE.
   3.  ANY  INTERACTIVE  COMPUTER SERVICE PROVIDER WHO WILLFULLY VIOLATES
 ANY PROVISION OF THIS SECTION SHALL BE LIABLE IN A  CIVIL  ACTION  TO  A
 TARGET  USER  FOR  ANY  ACTUAL, PHYSICAL OR EMOTIONAL HARM INCURRED FROM
 SUCH VIOLATION AND INCUR A CIVIL PENALTY OF UP TO TEN  THOUSAND  DOLLARS
 FOR EACH OFFENSE. IN MAKING A DETERMINATION OF ANY VIOLATION PURSUANT TO
 THIS  SECTION, THE ATTORNEY GENERAL MAY TAKE AND MAKE A DETERMINATION ON
 THE RELEVANT FACTS, AND ISSUE SUBPOENAS IN  ACCORDANCE  WITH  THE  CIVIL
 PRACTICE LAW AND RULES.
   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 INCLUDING EXERCISING THE
 RIGHT OF FREE SPEECH GRANTED BY THE NEW YORK STATE CONSTITUTION  OR  THE
 UNITED  STATES  CONSTITUTION; (B) CREATING ANY LIABILITY FOR AN INTERAC-
 TIVE COMPUTER SERVICE PROVIDER FOR PROMOTING CONTENT TO NON-TARGET USERS
 BASED SOLELY ON THEIR  LOCATION  AND/OR  TIME  DATA;  (C)  CREATING  ANY
 LIABILITY  FOR  AN  INTERACTIVE  COMPUTER SERVICE PROVIDER 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  PROVIDER  FOR  PROMOTING
 INJURIOUS DEVELOPED CONTENT IN ANOTHER STATE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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