S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8314
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   online products targeted towards children provide certain features  to
   protect child users

   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 article
 39-FF to read as follows:
 
                               ARTICLE 39-FF
                       CHILD USE OF ONLINE PRODUCTS
 SECTION 899-EE. DEFINITIONS.
         899-FF. CHILD USE OF ONLINE PRODUCTS.
   § 899-EE. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BUREAU" SHALL MEAN THE BUREAU OF INTERNET AND  TECHNOLOGY  IN  THE
 OFFICE OF THE NEW YORK ATTORNEY GENERAL.
   2.  "CHILD"  OR  "CHILDREN"  SHALL  MEAN A CONSUMER OR CONSUMERS UNDER
 EIGHTEEN YEARS OF AGE.
   3. "CHILD USER" SHALL MEAN A CHILD ACCESSING AN ONLINE PRODUCT WITH  A
 DEVICE.
   4. "ONLINE PRODUCT" SHALL MEAN AN ONLINE SERVICE, FEATURE, OR PLATFORM
 THAT IS ACCESSIBLE TO USERS WITH A DIGITAL DEVICE.
   5.  "TARGETED TOWARDS CHILD USERS" SHALL MEAN THAT THE ENTITY OFFERING
 AN ONLINE PRODUCT SHOULD KNOW THAT ITS PRODUCT IS ACCESSIBLE TO AND USED
 BY CHILDREN. THE BUREAU MAY CONSIDER SUCH FACTORS AS THE ENTITY OFFERING
 AN ONLINE PRODUCT'S INTERNAL RESEARCH ABOUT SUCH PRODUCT'S USERS, EXIST-
 ING EVIDENCE OF USER BEHAVIOR, WHETHER ADVERTISEMENTS  FEATURED  ON  THE
 ONLINE  PRODUCT,  INCLUDING  THIRD-PARTY  ADVERTISEMENTS,  ARE LIKELY TO
 APPEAL TO CHILDREN, THE CONTENT OF COMPLAINTS RECEIVED ABOUT THE PRODUCT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13495-01-3
              

 A. 8314                             2
 
 FROM PARENTS, CHILDREN, OR OTHER INDIVIDUALS THAT INDICATE  THE  AGE  OF
 USERS  ACCESSING  THE ONLINE PRODUCT, CONTENT AND DESIGN FEATURES OF THE
 PRODUCT SUCH AS ANIMATION, MUSICAL OR AUDIO  CONTENT,  THE  PRESENCE  OF
 CHILDREN  OR  INFLUENCERS POPULAR WITH CHILDREN, HOW THE ENTITY OFFERING
 AN ONLINE PRODUCT DESCRIBES AND PROMOTES  THE  PRODUCT,  AND  ANY  OTHER
 CHARACTERISTIC  THE BUREAU DEEMS RELEVANT WHEN DETERMINING HOW AN ENTITY
 OFFERING AN ONLINE PRODUCT SHOULD  KNOW  THAT  SUCH  ONLINE  PRODUCT  IS
 ACCESSIBLE TO AND USED BY CHILDREN.
   §  899-FF.  CHILD  USE  OF ONLINE PRODUCTS. 1. REQUIREMENT FOR CERTAIN
 SETTINGS. (A) ALL ENTITIES OFFERING AN ONLINE PRODUCT  TARGETED  TOWARDS
 CHILD  USERS IN THIS STATE SHALL UTILIZE SCREEN TIME LIMITATION FEATURES
 WHICH ALLOW FOR THE PARENT OR GUARDIAN OF A  CHILD  USER  TO  LIMIT  THE
 AMOUNT  OF  TIME THE CHILD USER IS ABLE TO ACCESS THE ONLINE PRODUCT AND
 WHEN THE CHILD USER IS ABLE TO ACCESS THE ONLINE PRODUCT.
   (B) NO ENTITIES OFFERING AN  ONLINE  PRODUCT  TARGETED  TOWARDS  CHILD
 USERS  IN  THIS  STATE  SHALL UTILIZE A METHOD OF PROVIDING CONTENT TO A
 CHILD USER WHICH PROMOTES HARMFUL OR ILLEGAL ACTIVITY.
   (C) THE BUREAU SHALL  HAVE  THE  DISCRETION  TO  BAN  AUTO-PLAY,  PUSH
 NOTIFICATIONS,  PROMPTS,  IN-APP  PURCHASES,  OR ANY OTHER FEATURE IN AN
 ONLINE PRODUCT TARGETED TOWARDS CHILD USERS THAT IT DEEMS TO BE DESIGNED
 TO INAPPROPRIATELY AMPLIFY THE LEVEL OF ENGAGEMENT A CHILD USER HAS WITH
 SUCH PRODUCT.
   2. PENALTIES. (A) WHENEVER THE ATTORNEY  GENERAL  SHALL  BELIEVE  FROM
 EVIDENCE  SATISFACTORY  TO  HIM OR HER THAT THERE IS A VIOLATION OF THIS
 SECTION, HE OR SHE MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF  THE
 PEOPLE  OF THE STATE OF NEW YORK, IN A COURT OF JUSTICE HAVING JURISDIC-
 TION TO ISSUE AN INJUNCTION, TO ENJOIN AND RESTRAIN THE CONTINUATION  OF
 SUCH VIOLATION.
   (B)  THE  ATTORNEY  GENERAL SHALL PROVIDE WRITTEN NOTICE TO THE ENTITY
 OFFERING THE ONLINE PRODUCT TARGETED  TOWARDS  CHILD  USERS  OF  ALLEGED
 VIOLATIONS  AT  LEAST NINETY DAYS BEFORE INITIATING ANY ACTION DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION. THE  ENTITY  OFFERING  THE  ONLINE
 PRODUCT  TARGETED  TOWARDS CHILD USERS SHALL THEN HAVE AN OPPORTUNITY TO
 CURE ANY ALLEGED VIOLATION OF THIS SECTION WITHIN SUCH NINETY  DAYS.  IF
 SUCH  ALLEGED  VIOLATION  HAS BEEN CURED, THE ENTITY OFFERING THE ONLINE
 PRODUCT TARGETED TOWARDS CHILD USERS SHALL SEND WRITTEN  NOTICE  TO  THE
 ATTORNEY  GENERAL  WHO SHALL THEN RETAIN DISCRETION AS TO WHETHER OR NOT
 TO PURSUE AN ACTION AGAINST SUCH  ENTITY  OFFERING  THE  ONLINE  PRODUCT
 TARGETED TOWARDS CHILD USERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law  and  shall apply to all online products
 targeted towards child users in this state which are made  available  to
 the  public or which are updated on or after such effective date. Effec-
 tive immediately, the addition, amendment and/or repeal of any rules  or
 regulations  necessary  for the implementation of this act on its effec-
 tive date are authorized to be made on or before such effective date.