S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8148--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  REYES,  SHIMSKY, MAGNARELLI, HEVESI,
   BUTTENSCHON, FAHY,  DICKENS,  McMAHON,  GLICK,  DE LOS SANTOS,  DURSO,
   McDONOUGH,  GANDOLFO,  SIMON,  ZACCARO,  DeSTEFANO,  WALLACE,  BERGER,
   BURDICK, SEAWRIGHT, McDONALD,  BEEPHAN,  SMULLEN,  MANKTELOW,  ARDILA,
   SLATER,  SILLITTI,  DARLING,  K. BROWN,  EPSTEIN,  LEVENBERG,  WEPRIN,
   BICHOTTE HERMELYN, LUPARDO, MIKULIN, PAULIN, SOLAGES,  TAPIA,  DAVILA,
   BURGOS,   GUNTHER,   TAYLOR,  ZEBROWSKI,  L. ROSENTHAL,  JENSEN,  KIM,
   J. A. GIGLIO, RIVERA, CUNNINGHAM,  ZINERMAN,  MAHER,  WALKER,  CONRAD,
   CLARK,  JACKSON,  DAIS, RAJKUMAR, FALL, LUNSFORD, FORREST, LEE, GIBBS,
   ANDERSON, LAVINE, STERN, GALLAGHER, DINOWITZ, BRAUNSTEIN, JEAN-PIERRE,
   SEPTIMO,  KELLES,  CARROLL,   MAMDANI,   HUNTER,   BARRETT,   BRONSON,
   PHEFFER AMATO,  O'DONNELL,  SANTABARBARA,  COOK,  BURKE, AUBRY, JONES,
   STIRPE, SAYEGH, RAGA, GALLAHAN, THIELE, ALVAREZ, SIMONE,  EICHENSTEIN,
   CHANDLER-WATERMAN, PRETLOW, MORINELLO, SHRESTHA, EACHUS, MEEKS, JACOB-
   SON,  BRABENEC -- Multi-Sponsored by -- M. of A. GONZALEZ-ROJAS, WOER-
   NER -- read once and referred to the Committee on Science and Technol-
   ogy -- recommitted to the  Committee  on  Science  and  Technology  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "Stop
 Addictive Feeds Exploitation (SAFE) for Kids act".
   §  2. Legislative intent. Social media platforms automatically process
 enormous amounts of data about the behavior  of  users,  using  tens  or
 hundreds  of  thousands  of  data points for each user, filtered through
 sophisticated machine learning algorithms, to create media feeds person-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11334-15-4
              

 A. 8148--A                          2
 
 alized to each user. These  feeds  are  based  on  data  that  generally
 includes  not  only the deliberate choices of the users, such as content
 they "like" or other users they "follow," but also conduct the user  may
 not  even  be aware of, such as how long they spent looking at a partic-
 ular piece of media. These feeds make predictions about interests, mood,
 and other factors related to what is most likely to keep  users  engaged
 for  as  long as possible, creating a feed tailor-made to keep each user
 on the platform for longer periods. Today  these  addictive  feeds  have
 become the primary way that people experience social media.
   Since  their  adoption,  addictive  feeds have had a dramatic negative
 effect on children and teenagers, causing young users to spend more time
 on social media than they  otherwise  would,  which  has  been  tied  to
 significantly  higher rates of youth depression, anxiety, suicidal idea-
 tion, and self-harm. Children are particularly susceptible to  addictive
 feeds  because  they  provide  a non-stop drip of dopamine with each new
 piece of media and because children are less capable of  exercising  the
 impulse  control  necessary to mitigate these negative effects. Research
 shows that spending time on social media is  ten  times  more  dangerous
 than  other  kinds  of  screentime. Among girls, the association between
 poor mental health and social media use is  stronger  than  the  associ-
 ations  between  poor mental health and binge drinking, obesity, or hard
 drug use.   Research also shows that social  media  usage  at  night  is
 particularly  harmful  to  children's  health. Self-regulation by social
 media companies has not and will not work because  the  addictive  feeds
 are profitable, designed to make users stay on services so that children
 can see more ads and the companies can collect more data.
   This  act,  therefore, prohibits social media companies from providing
 children under 18 with addictive feeds absent parental consent. This act
 will still permit minors to view non-addictive  feeds  and  any  content
 available on a social media platform, such as feeds listed in chronolog-
 ical  order, to ensure that children can still obtain all the core bene-
 fits of social media, and does not limit social media companies' ability
 to moderate in good faith to protect children from harmful or  otherwise
 objectionable  content.  Moreover,  this act only imposes obligations on
 social media companies where the addictive feed is a significant part of
 their platform, and not on online services that provide  such  feeds  as
 ancillary  features  or  add-ons,  or  where users are on the feed for a
 relatively small portion of their time using the service.
   To limit access to addictive feeds, this act will require social media
 companies to use commercially reasonable methods to determine user  age.
 Regulations  by  the  attorney  general  will provide guidance, but this
 flexible standard will be based on the totality  of  the  circumstances,
 including the size, financial resources, and technical capabilities of a
 given social media company, and the costs and effectiveness of available
 age determination techniques for users of a given social media platform.
 For  example,  if  a social media company is technically and financially
 capable of effectively determining the age of a user based on its exist-
 ing data concerning that user, it  may  be  commercially  reasonable  to
 present  that  as  an  age  determination  option to users. Although the
 legislature considered a statutory  mandate  for  companies  to  respect
 automated  browser  or device signals whereby users can inform a covered
 operator that they are a covered minor, we determined that the  attorney
 general  would  already  have  discretion  to  promulgate such a mandate
 through its rulemaking authority related to commercially reasonable  and
 technologically  feasible  age  determination  methods.  The legislature
 believes that such a mandate can  be  more  effectively  considered  and
 A. 8148--A                          3
 
 tailored through that rulemaking process. Existing New York antidiscrim-
 ination  laws  and  the  attorney  general's  regulations  will require,
 regardless, that social media companies provide a range of age verifica-
 tion  methods  all  New  Yorkers can use, and will not use age assurance
 methods that rely solely on biometrics or require government identifica-
 tion that many New Yorkers do not possess.
   § 3. The general business law is amended by adding a new article 45 to
 read as follows:
                                ARTICLE 45
                             SAFE FOR KIDS ACT
 SECTION 1500. DEFINITIONS.
         1501. PROHIBITION OF ADDICTIVE FEEDS.
         1502. OVERNIGHT NOTIFICATIONS.
         1503. PARENTAL CONTROL.
         1504. NONDISCRIMINATION.
         1505. RULEMAKING AUTHORITY.
         1506. LANGUAGE ACCESS.
         1507. SCOPE.
         1508. REMEDIES.
   § 1500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADDICTIVE  FEED"  SHALL  MEAN  A  WEBSITE, ONLINE SERVICE, ONLINE
 APPLICATION, OR MOBILE APPLICATION,  OR  A  PORTION  THEREOF,  IN  WHICH
 MULTIPLE  PIECES  OF  MEDIA  GENERATED  OR SHARED BY USERS OF A WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  EITHER
 CONCURRENTLY  OR SEQUENTIALLY, ARE RECOMMENDED, SELECTED, OR PRIORITIZED
 FOR DISPLAY TO A USER BASED, IN WHOLE OR IN PART, ON INFORMATION ASSOCI-
 ATED WITH THE USER OR THE USER'S DEVICE, UNLESS  ANY  OF  THE  FOLLOWING
 CONDITIONS ARE MET, ALONE OR IN COMBINATION WITH ONE ANOTHER:
   (A)  THE  RECOMMENDATION,  PRIORITIZATION,  OR  SELECTION  IS BASED ON
 INFORMATION THAT IS NOT PERSISTENTLY ASSOCIATED WITH THE USER OR  USER'S
 DEVICE, AND DOES NOT CONCERN THE USER'S PREVIOUS INTERACTIONS WITH MEDIA
 GENERATED OR SHARED BY OTHER USERS;
   (B) THE RECOMMENDATION, PRIORITIZATION, OR SELECTION IS BASED ON USER-
 SELECTED  PRIVACY  OR  ACCESSIBILITY  SETTINGS, OR TECHNICAL INFORMATION
 CONCERNING THE USER'S DEVICE;
   (C) THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC MEDIA,
 MEDIA BY THE AUTHOR, CREATOR, OR POSTER OF MEDIA THE USER HAS SUBSCRIBED
 TO, OR MEDIA SHARED BY USERS TO A PAGE OR GROUP THE USER HAS  SUBSCRIBED
 TO, PROVIDED THAT THE MEDIA IS NOT RECOMMENDED, SELECTED, OR PRIORITIZED
 FOR  DISPLAY BASED, IN WHOLE OR IN PART, ON OTHER INFORMATION ASSOCIATED
 WITH THE USER OR THE USER'S DEVICE THAT  IS  NOT  OTHERWISE  PERMISSIBLE
 UNDER THIS SUBDIVISION;
   (D)  THE  USER  EXPRESSLY  AND  UNAMBIGUOUSLY  REQUESTED THAT SPECIFIC
 MEDIA, MEDIA BY A SPECIFIED AUTHOR, CREATOR, OR POSTER OF MEDIA THE USER
 HAS SUBSCRIBED TO, OR MEDIA SHARED BY USERS TO A PAGE OR GROUP THE  USER
 HAS  SUBSCRIBED  TO  PURSUANT  TO  PARAGRAPH (C) OF THIS SUBDIVISION, BE
 BLOCKED, PRIORITIZED OR DEPRIORITIZED FOR  DISPLAY,  PROVIDED  THAT  THE
 MEDIA IS NOT RECOMMENDED, SELECTED, OR PRIORITIZED FOR DISPLAY BASED, IN
 WHOLE  OR  IN PART, ON OTHER INFORMATION ASSOCIATED WITH THE USER OR THE
 USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE UNDER THIS SUBDIVISION;
   (E) THE MEDIA ARE DIRECT AND PRIVATE COMMUNICATIONS;
   (F) THE MEDIA  ARE  RECOMMENDED,  SELECTED,  OR  PRIORITIZED  ONLY  IN
 RESPONSE TO A SPECIFIC SEARCH INQUIRY BY THE USER;
 A. 8148--A                          4
 
   (G)  THE  MEDIA  RECOMMENDED,  SELECTED, OR PRIORITIZED FOR DISPLAY IS
 EXCLUSIVELY NEXT IN A PRE-EXISTING SEQUENCE FROM THE SAME AUTHOR,  CREA-
 TOR, POSTER, OR SOURCE; OR
   (H)  THE  RECOMMENDATION, PRIORITIZATION, OR SELECTION IS NECESSARY TO
 COMPLY WITH THE PROVISIONS OF THIS ARTICLE AND ANY  REGULATIONS  PROMUL-
 GATED PURSUANT TO THIS ARTICLE.
   2.  "ADDICTIVE  SOCIAL  MEDIA  PLATFORM"  SHALL MEAN A WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION,  OR  MOBILE  APPLICATION,  THAT  OFFERS  OR
 PROVIDES  USERS  AN ADDICTIVE FEED AS A SIGNIFICANT PART OF THE SERVICES
 PROVIDED BY SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR  MOBILE
 APPLICATION.
   3.  "COVERED  MINOR"  SHALL  MEAN A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK WHEN THE  OPERATOR
 HAS ACTUAL KNOWLEDGE THE USER IS A MINOR.
   4.  "COVERED  USER"  SHALL  MEAN  A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK, NOT ACTING AS  AN
 OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR, OF SUCH WEBSITE, ONLINE
 SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, OR ANY PORTION THER-
 EOF.
   5. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
   6. "MINOR" SHALL MEAN AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
   7.  "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL
 ENTITY, WHO OPERATES OR PROVIDES AN ADDICTIVE SOCIAL MEDIA PLATFORM.
   8. "PARENT" SHALL MEAN PARENT OR LEGAL GUARDIAN.
   § 1501. PROHIBITION OF ADDICTIVE FEEDS. 1. IT SHALL BE UNLAWFUL FOR  A
 COVERED OPERATOR TO PROVIDE AN ADDICTIVE FEED TO A COVERED USER UNLESS:
   (A)  THE COVERED OPERATOR HAS USED COMMERCIALLY REASONABLE AND TECHNI-
 CALLY FEASIBLE METHODS TO DETERMINE THAT  THE  COVERED  USER  IS  NOT  A
 COVERED MINOR; OR
   (B)  THE  COVERED OPERATOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT TO
 PROVIDE AN ADDICTIVE FEED TO A COVERED MINOR.
   2. (A) THE ATTORNEY GENERAL SHALL PROMULGATE  REGULATIONS  IDENTIFYING
 COMMERCIALLY  REASONABLE  AND  TECHNICALLY  FEASIBLE METHODS FOR COVERED
 OPERATORS TO DETERMINE IF A COVERED USER IS  A  COVERED  MINOR  REQUIRED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, AND ANY EXCEPTIONS THERETO.
   (B)  IN  PROMULGATING  SUCH  REGULATIONS,  THE  ATTORNEY GENERAL SHALL
 CONSIDER THE SIZE, FINANCIAL RESOURCES, AND  TECHNICAL  CAPABILITIES  OF
 THE  ADDICTIVE  SOCIAL  MEDIA  PLATFORM,  THE COSTS AND EFFECTIVENESS OF
 AVAILABLE AGE DETERMINATION TECHNIQUES FOR USERS OF THE ADDICTIVE SOCIAL
 MEDIA PLATFORM, THE AUDIENCE OF THE  ADDICTIVE  SOCIAL  MEDIA  PLATFORM,
 PREVALENT  PRACTICES  OF  THE  INDUSTRY OF THE COVERED OPERATOR, AND THE
 IMPACT OF THE AGE DETERMINATION TECHNIQUES ON THE COVERED USERS' SAFETY,
 UTILITY, AND EXPERIENCE.
   (C) SUCH REGULATIONS SHALL ALSO IDENTIFY  THE  APPROPRIATE  LEVELS  OF
 ACCURACY  THAT WOULD BE COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE
 FOR COVERED OPERATORS TO ACHIEVE IN DETERMINING WHETHER A  COVERED  USER
 IS  A  COVERED  MINOR. SUCH REGULATIONS SHALL SET FORTH MULTIPLE COMMER-
 CIALLY REASONABLE AND TECHNICALLY FEASIBLE METHODS FOR A COVERED  OPERA-
 TOR  TO  DETERMINE  IF  A  COVERED USER IS A COVERED MINOR, INCLUDING AT
 LEAST ONE METHOD THAT EITHER DOES NOT RELY SOLELY ON  GOVERNMENT  ISSUED
 IDENTIFICATION OR THAT ALLOWS A COVERED USER TO MAINTAIN ANONYMITY AS TO
 THE COVERED OPERATOR OF THE ADDICTIVE SOCIAL MEDIA PLATFORM.
   (D)  WHERE  A  COVERED  OPERATOR  HAS USED COMMERCIALLY REASONABLE AND
 TECHNICALLY FEASIBLE AGE DETERMINATION METHODS IN COMPLIANCE  WITH  SUCH
 REGULATIONS  AND  HAS  NOT  DETERMINED  THAT A COVERED USER IS A COVERED
 MINOR, THE COVERED OPERATOR SHALL OPERATE UNDER THE PRESUMPTION THAT THE
 A. 8148--A                          5

 COVERED USER IS NOT A COVERED MINOR FOR THE PURPOSES  OF  THIS  ARTICLE,
 UNLESS  IT  OBTAINS  ACTUAL KNOWLEDGE THAT THE COVERED USER IS A COVERED
 MINOR.
   3.  INFORMATION  COLLECTED  FOR  THE  PURPOSE OF DETERMINING A COVERED
 USER'S AGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION  SHALL
 NOT  BE  USED  FOR ANY PURPOSE OTHER THAN AGE DETERMINATION AND SHALL BE
 DELETED IMMEDIATELY AFTER AN ATTEMPT TO DETERMINE A COVERED USER'S  AGE,
 EXCEPT  WHERE NECESSARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF
 NEW YORK STATE OR FEDERAL LAW OR REGULATION.
   4. THE ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING METH-
 ODS OF OBTAINING VERIFIABLE PARENTAL CONSENT PURSUANT TO  PARAGRAPH  (B)
 OF  SUBDIVISION  ONE  OF THIS SECTION AND SECTION FIFTEEN HUNDRED TWO OF
 THIS ARTICLE.
   5. INFORMATION COLLECTED FOR THE PURPOSE OF OBTAINING SUCH  VERIFIABLE
 PARENTAL  CONSENT SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN OBTAINING
 VERIFIABLE PARENTAL CONSENT AND SHALL BE DELETED  IMMEDIATELY  AFTER  AN
 ATTEMPT  TO  OBTAIN VERIFIABLE  PARENTAL CONSENT, EXCEPT WHERE NECESSARY
 FOR COMPLIANCE WITH ANY APPLICABLE  PROVISIONS  OF  NEW  YORK  STATE  OR
 FEDERAL LAW OR REGULATION.
   6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY OPERA-
 TOR TO GIVE A PARENT WHO GRANTS VERIFIABLE PARENTAL  CONSENT  ANY  ADDI-
 TIONAL  OR  SPECIAL  ACCESS  TO  OR CONTROL OVER THE DATA OR ACCOUNTS OF
 THEIR CHILD.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY ACTION
 TAKEN IN GOOD FAITH TO RESTRICT ACCESS TO OR AVAILABILITY OF MEDIA  THAT
 THE  COVERED OPERATOR CONSIDERS TO BE OBSCENE, LEWD, LASCIVIOUS, FILTHY,
 EXCESSIVELY VIOLENT, HARASSING, OR OTHERWISE OBJECTIONABLE,  WHETHER  OR
 NOT SUCH MATERIAL IS CONSTITUTIONALLY PROTECTED.
   §  1502. OVERNIGHT NOTIFICATIONS. IT SHALL BE UNLAWFUL FOR THE COVERED
 OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO, BETWEEN THE HOURS  OF
 12  AM EASTERN AND 6 AM EASTERN, SEND NOTIFICATIONS CONCERNING AN ADDIC-
 TIVE FEED TO A COVERED MINOR UNLESS THE OPERATOR HAS OBTAINED VERIFIABLE
 PARENTAL CONSENT TO SEND SUCH NIGHTTIME NOTIFICATIONS.
   § 1503. PARENTAL CONTROL. NOTHING IN THIS ARTICLE SHALL  BE  CONSTRUED
 AS  REQUIRING THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE
 A PARENT ANY ADDITIONAL OR SPECIAL ACCESS TO OR CONTROL OVER THE DATA OR
 ACCOUNTS OF THEIR CHILD.
   § 1504. NONDISCRIMINATION. A  COVERED  OPERATOR  SHALL  NOT  WITHHOLD,
 DEGRADE,  LOWER  THE  QUALITY,  OR  INCREASE  THE  PRICE OF ANY PRODUCT,
 SERVICE, OR FEATURE, OTHER THAN AS NECESSARY  FOR  COMPLIANCE  WITH  THE
 PROVISIONS  OF  THIS  ARTICLE  OR  ANY  RULES OR REGULATIONS PROMULGATED
 PURSUANT TO THIS ARTICLE, TO A COVERED USER DUE TO THE COVERED  OPERATOR
 NOT  BEING  PERMITTED  TO PROVIDE AN ADDICTIVE FEED TO SUCH COVERED USER
 UNDER SUBDIVISION ONE OF SECTION FIFTEEN HUNDRED ONE OF THIS ARTICLE.
   § 1505. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  SHALL  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 1506.  LANGUAGE ACCESS. 1. INSTRUCTIONS TO PARENTS ON HOW TO PROVIDE
 VERIFIABLE PARENTAL CONSENT UNDER PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 SECTION  FIFTEEN HUNDRED ONE OF THIS ARTICLE SHALL BE MADE  AVAILABLE IN
 NO FEWER THAN THE TWELVE MOST COMMONLY  SPOKEN  LANGUAGES  IN  NEW  YORK
 STATE CONSISTENT WITH SECTION TWO HUNDRED TWO-A OF THE EXECUTIVE LAW AND
 AS FURTHER  DEFINED BY REGULATIONS PROMULGATED BY THE ATTORNEY GENERAL.
   2.  THE  ATTORNEY  GENERAL SHALL ENSURE THAT ANY PUBLIC INFORMATION OR
 GUIDANCE THAT IT MAY PROVIDE CONCERNING THIS CHAPTER IS AVAILABLE IN THE
 TWELVE MOST COMMONLY SPOKEN LANGUAGES IN NEW  YORK STATE CONSISTENT WITH
 A. 8148--A                          6
 
 SECTION TWO HUNDRED TWO-A OF THE EXECUTIVE LAW AND AS FURTHER DEFINED BY
 REGULATIONS PROMULGATED BY THE ATTORNEY GENERAL.
   §  1507.  SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
 WHOLE OR IN PART IN NEW YORK. FOR  PURPOSES  OF  THIS  ARTICLE,  CONDUCT
 TAKES  PLACE  WHOLLY  OUTSIDE  OF NEW YORK IF THE ADDICTIVE SOCIAL MEDIA
 PLATFORM IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF  NEW
 YORK.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT  TO  15  U.S.C.  §
 6501  THAT  IS  INCONSISTENT  WITH  THE  TREATMENT OF SUCH ACTIVITIES OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   § 1508. REMEDIES. 1.  NO EARLIER THAN ONE HUNDRED  EIGHTY  DAYS  AFTER
 THE  EFFECTIVE DATE OF THIS ARTICLE, WHENEVER IT APPEARS TO THE ATTORNEY
 GENERAL, EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN  OR
 OUTSIDE  THE  STATE,  HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE
 ACTS OR PRACTICES STATED TO BE UNLAWFUL IN THIS  ARTICLE,  THE  ATTORNEY
 GENERAL  MAY  BRING  AN  ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON
 BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF
 THIS ARTICLE, TO OBTAIN RESTITUTION OF ANY MONEYS OR  PROPERTY  OBTAINED
 DIRECTLY  OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
 ANY PROFITS OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION,  INCLUDING  BUT  NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
 OBTAINED DATA, TO OBTAIN DAMAGES CAUSED DIRECTLY OR  INDIRECTLY  BY  ANY
 SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES OF UP TO FIVE THOUSAND DOLLARS
 PER  VIOLATION,  AND  TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE
 COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   2.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
 ING  A  COVERED OPERATOR'S OR SOCIAL MEDIA PLATFORM'S ALLEGED COMPLIANCE
 OR NON-COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 4. Severability.  If any clause, sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 5. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  attorney  general shall promulgate rules and regu-
 lations necessary to effectuate the provisions  of  this  act;  provided
 that  the  office  of  the attorney general shall notify the legislative
 bill drafting commission upon the occurrence of  the  enactment  of  the
 rules   and  regulations    necessary  to  effectuate  and  enforce  the
 provisions of section three of this act in order that the commission may
 maintain an accurate and timely effective data base of the official text
 of the laws of the state of New York in furtherance of effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.  Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.