S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6549
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  establishing
   the New York children's online safety act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York children's online safety act".
   §  2. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
                   NEW YORK CHILDREN'S ONLINE SAFETY ACT
 SECTION 1509. DEFINITIONS.
         1510. PRIVACY BY DEFAULT.
         1511. PARENTAL APPROVALS.
         1512. PROHIBITION ON DARK PATTERNS.
         1513. NONDISCRIMINATION.
         1514. SCOPE.
         1515. RULEMAKING AUTHORITY.
         1516. REMEDIES.
   § 1509. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT A COVERED MINOR
 AND/OR SUCH COVERED MINOR'S PARENT HAS PREVIOUSLY APPROVED A  CONNECTION
 WITH  ANOTHER  USER  SUCH THAT SUCH OTHER USER MAY PRIVATELY CONTACT THE
 COVERED MINOR.
   2. "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN  OPERA-
 TOR,  VIA  ONE OR MORE COMMERCIALLY REASONABLE AGE VERIFICATION METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07773-02-5
 A. 6549                             2
 
              

   3. "FINANCIAL TRANSACTION" SHALL  MEAN  A  TRANSACTION  BETWEEN  USERS
 INVOLVING ANY TYPE OF CURRENCY, INCLUDING VIRTUAL CURRENCY USED WITHIN A
 COVERED PLATFORM WHETHER OR NOT IT CAN BE CONVERTED TO FIAT MONEY.
   4.  "OPERATOR"  SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   5. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
   6. "COVERED PLATFORM" SHALL MEAN  A  PUBLIC  OR  SEMI-PUBLIC  WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION, OR MOBILE APPLICATION THAT (A) IS
 USED BY A COVERED MINOR IN THIS STATE, (B) ALLOWS USERS TO  CONSTRUCT  A
 PUBLIC  OR  SEMI-PUBLIC  PROFILE FOR THE PURPOSES OF USING SUCH WEBSITE,
 SERVICE, OR APPLICATION, (C) ALLOWS USERS TO CREATE OR POST CONTENT THAT
 IS VIEWABLE BY OTHER USERS, INCLUDING BUT NOT  LIMITED  TO,  ON  MESSAGE
 BOARDS,  IN  CHAT  ROOMS,  OR  THROUGH  A LANDING PAGE OR MAIN FEED THAT
 PRESENTS THE USER WITH CONTENT GENERATED BY OTHER USERS, AND (D)  ALLOWS
 USERS  TO  PRIVATELY  MESSAGE  EACH  OTHER  AS A SIGNIFICANT PART OF THE
 PROVISION OF SUCH WEBSITE, SERVICE, OR APPLICATION.
   7. "TAG" SHALL MEAN WHEN A USER IDENTIFIES A  SECOND  USER  IN  POSTED
 CONTENT IN A MANNER THAT LINKS TO THE SECOND USER'S PROFILE.
   8.  "USER"  SHALL  MEAN  A  USER OF A COVERED PLATFORM IN NEW YORK NOT
 ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR,  OF  SUCH
 PLATFORM OR ANY PORTION THEREOF.
   § 1510. PRIVACY BY DEFAULT. 1. NO OPERATOR SHALL OFFER A COVERED PLAT-
 FORM  IN  THIS  STATE  WITHOUT  CONDUCTING  COMMERCIALLY  REASONABLE AGE
 VERIFICATION TO DETERMINE WHETHER A USER IS A COVERED MINOR. THE  ATTOR-
 NEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING METHODS FOR COMMER-
 CIALLY REASONABLE AND TECHNICALLY FEASIBLE AGE VERIFICATION, WHICH SHALL
 CONSIDER  THE  SIZE,  FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF
 COVERED PLATFORMS, THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMI-
 NATION TECHNIQUES FOR USERS OF SUCH  PLATFORMS,  THE  AUDIENCE  OF  SUCH
 PLATFORMS, AND PREVALENT PRACTICES OF THE INDUSTRY OF THE OPERATOR. SUCH
 REGULATIONS  SHALL ALSO IDENTIFY THE APPROPRIATE LEVELS OF ACCURACY THAT
 WOULD BE CONSIDERED COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE FOR
 OPERATORS TO ACHIEVE IN DETERMINING WHETHER A USER IS A COVERED MINOR.
   2. FOR ALL  USERS  DETERMINED  UNDER  A  COMMERCIALLY  REASONABLE  AGE
 VERIFICATION  METHOD BY AN OPERATOR TO BE A COVERED MINOR, SUCH OPERATOR
 SHALL UTILIZE THE FOLLOWING SETTINGS  BY  DEFAULT  FOR  COVERED  MINORS,
 WHICH  SHALL  ENSURE  THAT  NO  USER  WHO  IS NOT ALREADY CONNECTED TO A
 COVERED MINOR MAY:
   (A) COMMUNICATE DIRECTLY AND PRIVATELY WITH SUCH MINOR;
   (B) VIEW THE PROFILE OF SUCH MINOR;
   (C) TAG SUCH MINOR IN POSTED CONTENT; AND/OR
   (D) ENGAGE IN A FINANCIAL TRANSACTION WITH SUCH MINOR.
   3. A PARENT OF A  COVERED  MINOR  MAY  OVERRIDE  THE  DEFAULT  PRIVACY
 SETTINGS  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION AT SUCH PARENT'S
 DISCRETION.
   4. AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER  SUCH
 COVERED MINOR ATTEMPTS TO CHANGE THE DEFAULT SETTINGS PROVIDED IN SUBDI-
 VISION  TWO  OF THIS SECTION. THE PARENT MAY THEN EITHER APPROVE OR DENY
 THE REQUEST TO CHANGE THE SETTINGS FOR SUCH MINOR.
   § 1511. PARENTAL APPROVALS.  1.  FOR  ALL  USERS  DETERMINED  UNDER  A
 COMMERCIALLY  REASONABLE  AGE VERIFICATION METHOD BY AN OPERATOR TO BE A
 COVERED MINOR UNDER THE AGE OF THIRTEEN, SUCH OPERATOR SHALL REQUIRE THE
 PARENT OF SUCH COVERED MINOR TO APPROVE ALL NEW  CONNECTIONS  WITH  SUCH
 COVERED MINOR BEFORE SUCH COVERED MINOR'S AND SUCH OTHER USER'S ACCOUNTS
 MAY  BE  CONNECTED.    FOR  COVERED MINORS UNDER THE AGE OF THIRTEEN, AN
 OPERATOR SHALL ALSO ESTABLISH A MECHANISM BY  WHICH  A  PARENT  OF  SUCH
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 MINOR MAY EASILY VIEW THE LIST OF ALL USERS CURRENTLY CONNECTED WITH THE
 ACCOUNT OF THE MINOR.
   2.  FOR  ALL  USERS  DETERMINED  UNDER  A  COMMERCIALLY REASONABLE AGE
 VERIFICATION METHOD BY AN OPERATOR TO BE A COVERED MINOR, SUCH  OPERATOR
 SHALL REQUIRE A PARENT TO APPROVE ALL FINANCIAL TRANSACTIONS RELATING TO
 SUCH  COVERED  MINOR'S  ACCOUNT. SUCH OPERATOR SHALL FURTHER ESTABLISH A
 MECHANISM BY WHICH A PARENT OF A COVERED MINOR MAY EASILY VIEW A HISTORY
 OF ALL FINANCIAL TRANSACTIONS RELATING TO SUCH COVERED  MINOR'S  ACCOUNT
 AT ANY TIME.
   §  1512.  PROHIBITION  ON  DARK  PATTERNS.  IT SHALL BE UNLAWFUL FOR A
 COVERED PLATFORM TO DEPLOY ANY MECHANISM OR DESIGN  WHICH  INTENTIONALLY
 INHIBITS THE PURPOSE OF THIS ARTICLE, SUBVERTS USER AND/OR PARENT CHOICE
 OR  AUTONOMY,  OR  RENDERS IT MORE DIFFICULT FOR A USER AND/OR PARENT TO
 EXERCISE ANY OF THE PRESCRIBED RIGHTS AND/OR PRIVILEGES PROVIDED IN THIS
 ARTICLE.
   § 1513. NONDISCRIMINATION. AN OPERATOR SHALL  NOT  WITHHOLD,  DEGRADE,
 LOWER  THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
 FEATURE OF A COVERED PLATFORM, OTHER THAN AS  NECESSARY  FOR  COMPLIANCE
 WITH  THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS PROMUL-
 GATED PURSUANT TO THIS ARTICLE, TO A USER DUE  TO  SUCH  OPERATOR  BEING
 REQUIRED  TO  ESTABLISH  THE SETTINGS AND APPROVALS PROVIDED IN SECTIONS
 FIFTEEN HUNDRED TEN AND FIFTEEN HUNDRED ELEVEN OF THIS ARTICLE.
   § 1514. 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  COVERED  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.
   § 1515. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  SHALL  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 1516. REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,
 WHENEVER  IT  APPEARS  TO THE ATTORNEY GENERAL, UPON COMPLAINT OR OTHER-
 WISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE  STATE,  HAS  VIOLATED  THE
 PROVISIONS  OF 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 SUCH VIOLATION, 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, 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 PRELIM-
 INARY RELIEF.
   2.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS, INFORMATION, AND/OR REFERRALS FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  AN  OPERATOR'S  OR  COVERED PLATFORM'S ALLEGED COMPLIANCE OR
 NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 3. 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
 A. 6549                             4
 
 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.
   § 4. 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 two 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.