Senate Bill S8102A

2025-2026 Legislative Session

Relates to requiring manufacturers of internet-enabled devices to conduct age assurance to determine a user's age category

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2026	print number 8102a
Feb 25, 2026	amend and recommit to consumer protection
Jan 07, 2026	referred to consumer protection
May 15, 2025	referred to consumer protection

Bill Amendments

Original

A (Active)

2025-S8102 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 45-B §§1540 - 1547, amd §899-ii, Gen Bus L

2025-S8102 - Summary

Requires manufacturers of internet-enabled devices to conduct age assurance to determine a user's age category and provide all websites, online services, online applications and mobile applications on such user's internet-enabled device and/or application store manufactured by the covered manufacturer with a digital signal that such user is a covered minor as well as the age category of such covered minor via a real-time application programming interface (API).

2025-S8102 - Sponsor Memo

                                 
BILL NUMBER: S8102

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to device-level
age assurance

 
PURPOSE OR GENERAL IDEA OF BILL:

To require devices to conduct commercially reasonable age assurance for
users under the age of 18 at the point of device activation, unlocking
the ability to enforce all other digital privacy and safety laws for
underage users

 
SUMMARY OF PROVISIONS:

Section one of this bill creates a new Article 45-A in the General Busi-
ness Law (GBL) to require all manufacturers of Internet-enabled devices,
operating systems, or application stores to conduct commercially reason-
able and technically feasible age assurance for users at the point of
account creation.

The Attorney General would promulgate regulations identifying acceptable
methods for age assurance, provided that user self-attestation of age
with no other supporting evidence (the current standard in federal law
under the Children's Online Privacy Protection Act (COPPA) of 1998),
shall not be one such acceptable method. Covered manufacturers would not
be required to delete information collected for the purposes of age
assurance immediately after determining the user's age and would not be
able to favor their own apps over those of third parties by imposing
additional restrictions or conditions on the latter.

Manufacturers would then be required to communicate if a user is under
the age of 18, and so a legal minor, to all apps and services on the
device via a real-time application programming interface (API).

This act would be enforced by the Attorney General, who may pursue a
civil penalty of $10,000 per violation, and would apply when users
access a device, operating system, or app store within the state of New
York.

Section two of this bill sets a severability clause.

Section three of this bill is the effective date.

 
JUSTIFICATION:

Concerns about digital well-being for underage users have grown exponen-
tially in recent years, with a 2020 Pew Research survey showing that 81%
of parents were worried about how much information advertisers could
glean about their child's behavior, and 72% of parents worried about
children's interaction with strangers online (Hogg, Luke, and Evan
Swarztrauber. On the Internet, No One Wm& You're a Dog Examining the
Feasibility of Privacy- Preserving Age Verification Online. 2025.). A
2023 Mott Children's Hospital poll showed that overuse of devices,
social media, and Internet safety were the top three concerns for
parents, and American teens are currently spending the equivalent of a
40-hour workweek, or 8.5 hours a day, on social media, gaming, and
messaging and texting apps alone (Rosenberg, David. "Teens Are Spending
the Equivalent of a 40-Hour Work Week on Their Devices. Here's How to
Help Them Find the Right Balance." Fortune Well, 24 Oct. 2023,
fortune.com/welV2023/10/24/teens-too-much-screen-time-find-balance/.)

States and nations have passed a laundry list of laws in recent years
endeavoring to protect minors online, such as those restricting access
to mobile sports betting or laws requiring apps to curb particularly
dangerous or addictive features for users under the age of 18. All of
these efforts are contingent, however, upon the deployer of the app or
product being able to reasonably ascertain the age of the user, so they
know whether or not they should be treated as a minor under the law.

This is why, over the last few years, at least 19 US states have imple-
mented age assurance mandates, along with several European countries,
where implementation of such laws has already begun (Hogg, Luke, and
Evan Swarztrauber. On the Internet, No One Knows You're a Dog Examining
the Feasibility of Privacy- Preserving Age Verification Online. 2025).
Age assurance is already the law of the land for social media apps with
algorithmic feeds under Article 45 of GBL, the Stop Addictive Feeds
Exploitation (SAFE) for Kids Act, in New York State.

Assumptions that the only way to identify the age of a user online is by
requiring a government ID are outdated, as many other methods of age
assurance have developed since the early days of the Internet.  While
opponents of age assurance claim that there is no method to ascertain a
user's age that does not compromise security and privacy, this argument
ignores the advancement of zero-knowledge proof methods in recent years,
which allow a user to verify one fact about themself without giving up
any other personally identifying information (PII) (Hogg, Luke, and Evan
Swarztrauber. On the Internet, No One Knows You're a Dog Examining the
Feasibility of Privacy- Preserving Age Verification Online. 2025.).
Device-based storage systems, such as a digital wallet that enables a
user to store identity credentials to verify age, can be locally stored
on a device, encrypted, and used to provide a binary yes/no response to
a third party without disclosing any other PII, minimizing the risk of
exposure as the age verification cannot be tied to broader online activ-
ity to create a profile (Hogg, Luke, and Evan Swarztrauber. On the
Internet, No One Knows You're a Dog Examining the Feasibility of Priva-
cy- Preserving Age Verification Online. 2025.).

Similarly, double-blind systems, where the receiving platform does not
receive any information about the user and the age data provider does
not receive any information about the platform, minimize the sharing of
Pll while also reducing the risk of identity theft and data breaches.
Double-blind systems are so successful in preserving and advancing user
privacy, in fact, that Arcom, the French administrative agency in charge
of enforcing their age assurance law for mature adult websites, has
already mandated that the providers of such websites offer at least one
double-blind option to users (Hogg, Luke, and Evan Swarztrauber. On the
Internet, No One Knows You're a Dog Examining the Feasibility of Priva-
cy- Preserving Age Verification Online. 2025.). Where Pll is involved,
it is not necessarily newly collected: some companies conducting age
assurance use existing digital information such as email addresses,
phone numbers, or public banking information to estimate age with
remarkable accuracy, and many laws require that PII, where collected for
age assurance, be encrypted and deleted once a company has used it to
estimate a user's age.
This bill would require that all device manufacturers conduct commer-
cially reasonable age assurance at the point of device activation, and
that they then communicate if a user is a minor to apps and services on
the device, so that such services may be in compliance with laws and
regulations protecting kids online. While not the only effective means
of conducting age assurance, as many sophisticated apps are also capable
of (and indeed already know) their users' ages, requiring age assurance
at the operating system and app store level is one of the most effective
solutions as it streamlines compliance by embedding the information on
the device itself (Hogg, Luke, and Evan Swarztrauber. On the Internet,
No One Knows You're a Dog Examining the Feasibility of Privacy- Preserv-
ing Age Verification Online. 2025.). This means that individual websites
or apps would not need to conduct age assurance anew, if they are
already receiving this signal from the device, burdening only the hand-
ful of well-capitalized companies that are sophisticated and wealthy
enough to implement age assurance effectively. Microsoft Windows holds a
nearly 70% market share in the US for desktop operating systems, for
example, followed by Apple's macOS at 20% (Hogg, Luke, and Evan Swarz-
trauber. On the Internet, No One Knows You're a Dog Examining the Feasi-
bility of Privacy- Preserving Age Verification Online. 2025.). When it
comes to smartphones, Apple and Google combine for over 99% of market
share - Apple with 55% and Google with 45% (Hogg, Luke, and Evan Swarz-
trauber. On the Internet, No One Knows You're a Dog Examining the Feasi-
bility of Privacy- Preserving Age Verification Online. 2025.). Addi-
tionally, implementing age assurance at the device level would ensure
that users would only need to verify their age once, reducing friction
in the online experience.

By requiring some of the best-resourced tech companies to conduct age
assurance on their devices, and then to communicate when a user is minor
to other apps and services, this bill holds tech actors to their exist-
ing legal obligations to protect kids online. This singular age data
point, which can be encrypted, decoupled from any other identifying
information, communicated via a binary token or credential, and then
deleted, unlocks the ability for policymakers and regulators to enforce
all other children's privacy laws, as the apps would no longer be able
to claim that they don't know when a user is a minor. In the absence of
effective age assurance, apps can treat minors like adults, exposing
them to the same predatory data collection, behavioral tracking, and
targeted advertising as any other user (Hogg, Luke, and Evan Swarztrau-
ber. On the Internet, No One Knows You're a Dog Examining the Feasibil-
ity of Privacy- Preserving Age Verification Online. 2025.). This bill
would leverage advances in modern technology to close this egregious
loophole, finally giving teeth to New York and other jurisdictions' many
valiant efforts to protect children online and boost digital well-being.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S8102 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8102
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to  amend the general business law, in relation to device-level
   age assurance
 
   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
 45-A to read as follows:
                               ARTICLE 45-A
                        DEVICE-LEVEL AGE ASSURANCE
 
 SECTION 1509. DEFINITIONS.
         1510. AGE ASSURANCE REQUIRED.
         1511. NONDISCRIMINATION.
         1512. RULEMAKING AUTHORITY.
         1513. SCOPE.
         1514. ENFORCEMENT.
   §  1509.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "APPLICATION PROGRAMMING INTERFACE" OR "API" SHALL  MEAN  A  SYSTEM
 THAT  ALLOWS  TWO  OR  MORE SOFTWARE SYSTEMS TO COMMUNICATE AND EXCHANGE
 INFORMATION, FEATURES, AND FUNCTIONALITY.
   2. "APPLICATION STORE" SHALL MEAN A PUBLICLY AVAILABLE WEBSITE,  SOFT-
 WARE  APPLICATION,  OR ONLINE SERVICE THAT DISTRIBUTES THIRD PARTY PLAT-
 FORMS' SOFTWARE APPLICATIONS TO AN INTERNET-ENABLED DEVICE.
   3. "COVERED MANUFACTURER" SHALL MEAN A MANUFACTURER OF AN INTERNET-EN-
 ABLED DEVICE, AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE.
   4. "COVERED MINOR" SHALL MEAN A USER OF AN INTERNET-ENABLED DEVICE WHO
 A COVERED MANUFACTURER HAS  DETERMINED  VIA  ONE  OR  MORE  COMMERCIALLY
 REASONABLE AGE ASSURANCE METHODS TO BE UNDER THE AGE OF EIGHTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13065-02-5
 S. 8102                             2

 
   5.  "INTERNET-ENABLED  DEVICE"  SHALL  MEAN  AND  INCLUDE ANY DESKTOP,
 LAPTOP, SMARTPHONE, TABLET, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE
 INTERNET AND ENABLING THE  USER  TO  ACCESS  CONTENT  ON  THE  INTERNET,
 INCLUDING A SOCIAL MEDIA PLATFORM.
   6.  "OPERATING SYSTEM" SHALL MEAN THE SYSTEM SOFTWARE THAT MANAGES THE
 HARDWARE OF AN INTERNET-ENABLED DEVICE AND ALLOWS PROGRAMS AND  APPLICA-
 TIONS TO RUN ON SUCH DEVICE.
   7.  "OPERATING  SYSTEM  PROVIDER"  SHALL MEAN ANY PERSON, PARTNERSHIP,
 ASSOCIATION, FIRM, BUSINESS, OR OTHER LEGAL ENTITY, OR ANY MEMBER THERE-
 OF, WHO DEVELOPS,  DISTRIBUTES,  AND/OR  MAINTAINS  AN  INTERNET-ENABLED
 DEVICE'S  OPERATING  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE DESIGN,
 PROGRAMMING,  OR  SUPPLY  OF  OPERATING  SYSTEMS  FOR   INTERNET-ENABLED
 DEVICES.
   8.  "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
 SION FIVE OF SECTION ELEVEN HUNDRED OF THIS CHAPTER.
   § 1510. AGE ASSURANCE REQUIRED. 1. UPON ACTIVATION OF AN INTERNET-ENA-
 BLED DEVICE, A COVERED MANUFACTURER SHALL CONDUCT  COMMERCIALLY  REASON-
 ABLE  AGE  ASSURANCE TO DETERMINE WHETHER A USER IS A COVERED MINOR. THE
 ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS  IDENTIFYING  METHODS  FOR
 COMMERCIALLY  REASONABLE  AND  TECHNICALLY FEASIBLE AGE ASSURANCE, WHICH
 SHALL CONSIDER THE SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES
 OF COVERED MANUFACTURERS, THE COSTS AND EFFECTIVENESS OF  AVAILABLE  AGE
 ASSURANCE  TECHNIQUES  FOR USERS OF INTERNET-ENABLED DEVICES, AND PREVA-
 LENT PRACTICES OF THE INDUSTRY  OF  COVERED  MANUFACTURERS.  SUCH  REGU-
 LATIONS  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,
 PROVIDED, HOWEVER, THAT USER SELF-REPORTING OF AGE TO A COVERED MANUFAC-
 TURER WITH NO OTHER SUPPORTING EVIDENCE SHALL NOT BE AN ACCEPTABLE METH-
 OD  OF  AGE  ASSURANCE UNDER THIS SECTION. ANY INFORMATION COLLECTED FOR
 THE PURPOSE OF THE AGE ASSURANCE  REQUIREMENT  UNDER  THIS  SUBPARAGRAPH
 SHALL  BE  DELETED  IMMEDIATELY AFTER AN ATTEMPT TO DETERMINE A PERSON'S
 AGE, EXCEPT WHERE NECESSARY FOR APPLICABLE PROVISIONS OF STATE OR FEDER-
 AL LAW OR REGULATION.
   2. AFTER DETERMINING THAT A USER IS A COVERED MINOR UNDER  SUBDIVISION
 ONE  OF THIS SECTION, A COVERED MANUFACTURER SHALL PROVIDE ALL WEBSITES,
 ONLINE SERVICES, ONLINE APPLICATIONS, MOBILE APPLICATIONS,  OR  PORTIONS
 THEREOF  ON SUCH USER'S INTERNET-ENABLED DEVICE AND/OR APPLICATION STORE
 MANUFACTURED BY THE COVERED MANUFACTURER WITH A DIGITAL SIGNAL THAT SUCH
 USER IS A COVERED MINOR VIA A REAL-TIME APPLICATION  PROGRAMMING  INTER-
 FACE (API).
   3.  A COVERED MANUFACTURER SHALL ENSURE THAT, FOR ANY INTERNET-ENABLED
 DEVICES SOLD AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE  REQUIREMENTS
 OF  THIS  SECTION  ARE  INCLUDED IN ANY OPERATING SYSTEM AND APPLICATION
 STORE UPDATES BY DEFAULT AFTER SUCH EFFECTIVE DATE.
   § 1511. NONDISCRIMINATION. 1. A COVERED MANUFACTURER SHALL  IMPOSE  AT
 LEAST  THE SAME RESTRICTIONS AND OBLIGATIONS ON ITS OWN WEBSITES, APPLI-
 CATIONS, AND ONLINE SERVICES AS IT IMPOSES  ON  THE  WEBSITES,  APPLICA-
 TIONS, AND ONLINE SERVICES OF THIRD PARTIES.
   2. A COVERED MANUFACTURER SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUAL-
 ITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A USER
 DUE  TO  THE  PROVISIONS  OF  THIS  ARTICLE, OTHER THAN AS NECESSARY FOR
 COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   3. A COVERED MANUFACTURER SHALL DELETE ALL INFORMATION  COLLECTED  FOR
 THE  PURPOSES  OF SECTION FIFTEEN HUNDRED TEN OF THIS ARTICLE AFTER SUCH
 PURPOSE HAS BEEN ACHIEVED.
 S. 8102                             3
 
   § 1512. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  SHALL  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  1513.  SCOPE.  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 WHEN AN INTERNET-ENABLED DEVICE,
 AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE IS ACCESSED  BY  A
 USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   §  1514.  ENFORCEMENT. 1. 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 TEN THOUSAND  DOLLARS
 PER  VIOLATION,  AND  TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE
 COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROVIDING  THE  BASIS
 FOR,  OR  BE SUBJECT TO, A PRIVATE RIGHT OF ACTION TO VIOLATIONS OF THIS
 ARTICLE OR UNDER ANY OTHER LAW.
   3. A COVERED MANUFACTURER SHALL NOT BE SUBJECT TO THE LIABILITY  UNDER
 THIS  ARTICLE  IF  SUCH  MANUFACTURER  HAS TAKEN COMMERCIALLY REASONABLE
 STEPS TO ESTIMATE THE AGE OF ITS USERS AS PROVIDED  IN  SECTION  FIFTEEN
 HUNDRED TEN OF THIS ARTICLE.
   4.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS,  INFORMATION,  OR  REFERRALS  FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  A COVERED MANUFACTURER'S ALLEGED COMPLIANCE OR NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   § 2. 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.
   §  3. This act shall take effect one year after it shall have become a
 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.

2025-S8102A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 45-B §§1540 - 1547, amd §899-ii, Gen Bus L

2025-S8102A (ACTIVE) - Summary

2025-S8102A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8102A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to device-level
age assurance

 
PURPOSE OR GENERAL IDEA OF BILL:

To require devices to conduct commercially reasonable age assurance for
users under the age of 18 at the point of device activation, unlocking
the ability to enforce all other digital privacy and safety laws for
underage users

 
SUMMARY OF PROVISIONS:

Section one of this bill creates a new Article 45-A in the General Busi-
ness Law (GBL) to require all manufacturers of Internet-enabled devices,
operating systems, or application stores to conduct commercially reason-
able and technically feasible age assurance for users at the point of
device activation.

Device manufacturers would be able to rely on an age assurance method
previously identified by the Office of the Attorney General (OAG) under
the regulations for the SAFE for Kids Act in Article 45 of GBL, or a
method identified under new regulations promulgated by the OAG if OAG
believes that updated regulations for this law are necessary.  Covered
manufacturers would be required to delete information collected for the
purposes of age assurance immediately after determining the user's age
and would not be able to favor their own apps over those of third
parties by imposing additional restrictions or conditions on the latter.

Applications (apps) would then be required to request the age signal
from the device manufacturer at the point of app download and launch by
a user. The age signal would be communicated to the app via a real-time
application programming interface (API) and would be encrypted. The age
signal would communicate whether a user is under the age of 13, between
13 and 15 years old, between 16 and 17 years old, or at least 18 years
old and a legal adult.

Apps would be able to treat the API signal as an authoritative indicator
of a user's age, but they would not be able to willfully disregard other
clear and convincing evidence available to an app developer that
conflicts with the API signal.

This act would be enforced by the Attorney General, who may pursue a
civil penalty of $10,000 per violation, and would apply when users
access a device, operating system, or app store within the state of New
York.

Section two of this bill makes a conforming edit to the New York Child
Data Protection Act in GBL Article 39-FF, which already requires online
operators under that law to treat a user as a minor if their device
signals as much

Section three of this bill sets a severability clause.

Section four of this bill creates the effective date.
 
JUSTIFICATION:

Concerns about digital well-being for underage users have grown exponen-
tially in recent years, with a 2020 Pew Research survey showing that 81%
of parents were worried about how much information advertisers could
glean about their child's behavior, and 72% of parents worried about
children's interaction with strangers online (Hogg, Luke, and Evan
Swarztrauber. On the Internet, No One Knows You're a Dog Examining the
Feasibility of Privacy- Preserving Age Verification Online. 2025.). A
2023 Mott Children's Hospital poll showed that overuse of devices,
social media, and Internet safety were the top three concerns for
parents, and American teens are currently spending the equivalent of a
40-hour workweek, or 8.5 hours a day, on social media, gaming, and
messaging and texting apps alone (Rosenberg, David. "Teens Are Spending
the Equivalent of a 40-Hour Work Week on Their Devices. Here's How to
Help Them Find the Right Balance."  Fortune Well, 24 Oct. 2023,
fortune.com/wel1/2023/10/24/teens-too-much-screen-time-find-balance/.)

States and nations have passed a laundry list of laws in recent years
endeavoring to protect minors online, such as those restricting access
to mobile sports betting or laws requiring apps to curb particularly
dangerous or addictive features for users under the age of 18. All of
these efforts are contingent, however, upon the deployer of the app or
product being able to reasonably ascertain the age of the user, so that
they know whether or not they should be treated as a minor under the
law.

This is why, over the last few years, at least 19 US states have imple-
mented age assurance mandates, along with several European countries,
where implementation of such laws has already begun (Hogg, Luke, and
Evan Swarztrauber. On the Internet, No One Knows You're a Dog Examining
the Feasibility of Privacy- Preserving Age Verification Online. 2025).
Age assurance is already the law of the land for social media apps with
algorithmic feeds under Article 45 of GBL, the Stop Addictive Feeds
Exploitation (SAFE) for Kids Act, in New York State.

Assumptions that the only way to identify the age of a user online is by
requiring a government ID are outdated, as many other methods of age
assurance have developed since the early days of the Internet.  While
opponents of age assurance claim that there is no method to ascertain a
user's age that does not compromise security and privacy, this argument
ignores the advancement of zero-knowledge proof methods in recent years,
which allow a user to verify one fact about themself without giving up
any other personally identifying information (PII) (Hogg, Luke, and Evan
Swarztrauber. On the Internet, No One Knows You're a Dog Examining the
Feasibility of Privacy- Preserving Age Verification Online. 2025.).
Device-based storage systems, such as a digital wallet that enables a
user to store identity credentials to verify age, can be locally stored
on a device, encrypted, and used to provide data to a third party with-
out disclosing any other PII, minimizing the risk of exposure as the age
verification cannot be tied to broader online activity to create a
profile (Hogg, Luke, and Evan Swarztrauber. On the Internet, No One
Knows You're a Dog Examining the Feasibility of Privacy- Preserving Age
Verification Online. 2025.).

Similarly, double-blind systems, where the receiving platform does not
receive any information about the user and the age data provider does
not receive any information about the platform, minimize the sharing of
PII while also reducing the risk of identity theft and data breaches.
Double-blind systems are so successful in preserving and advancing user
privacy, in fact, that Arcom, the French administrative agency in charge
of enforcing their age assurance law for mature adult websites, has
already mandated that the providers of such websites offer at least one
double-blind option to users (Hogg, Luke, and Evan Swarztrauber. On the
Internet, No One Knows You're a Dog Examining the Feasibility of Priva-
cy- Preserving Age Verification Online. 2025.). Where P11 is involved,
it is not necessarily newly collected: some companies conducting age
assurance use existing digital information such as email addresses,
phone numbers, or public banking information to estimate age with
remarkable accuracy, and many laws require that PII, where collected for
age assurance, be encrypted and deleted once a company has used it to
estimate a user's age.

This bill would require that all device manufacturers conduct commer-
cially reasonable age assurance at the point of device activation, and
that they then communicate if a user is a minor to apps and services on
the device, so that such services may be in compliance with laws and
regulations protecting kids online. While not the only effective means
of conducting age assurance, as many sophisticated apps are also capable
of (and indeed already know) their users' ages, requiring age assurance
at the operating system and app store level is one of the most effective
solutions as it streamlines compliance by-embedding-the information-on
the-device-itself (Hogg,Luke,and-Evan Swarztrauber. On the Internet, No
One Knows You're a Dog Examining the Feasibility of Privacy- Preserving
Age Verification Online. 2025.). This means that individual websites or
apps would not need to conduct age assurance anew, if they are already
receiving this signal from the device, burdening only the handful of
well-capitalized companies that are sophisticated and wealthy enough to
implement age assurance effectively.

Microsoft Windows holds a nearly 70% market share in the US for desktop
operating systems, for example, followed by Apple's macOS at 20% (Hogg,
Luke, and Evan Swarztrauber. On the Internet, No One Knows You're a Dog
Examining the Feasibility of Privacy- Preserving Age Verification
Online. 2025.). When it comes to smartphones, Apple and Google combine
for over 99% of market share - Apple with 55% and Google with 45% (Hogg,
Luke, and Evan Swarztrauber. On the Internet, No One Knows You're a Dog
Examining the Feasibility of Privacy- Preserving Age Verification
Online. 2025.). Additionally, implementing age assurance at the device
level would ensure that users would only need to verify their age once,
reducing friction in the online experience.

By requiring some of the best-resourced tech companies to conduct age
assurance on their devices, and then to communicate when a user is minor
to other apps and services, this bill holds tech actors to their exist-
ing legal obligations to protect kids online. This singular age data
point, which can be encrypted, decoupled from any other identifying
information, communicated via a token or credential, and then deleted,
unlocks the ability for policymakers and regulators to enforce all other
children's privacy laws, as the apps would no longer be able to claim
that they don't know when a user is a minor. In the absence of effective
age assurance, apps can treat minors like adults, exposing them to the
same predatory data collection, behavioral tracking, and targeted adver-
tising as any other user (Hogg, Luke, and Evan Swarztrauber. On the
Internet, No One Knows You're a Dog Examining the Feasibility of Priva-
cy- Preserving Age Verification Online. 2025.). This bill would leverage
advances in modern technology to close this egregious loophole, finally
giving teeth to New York and other jurisdictions' many valiant efforts
to protect children online and boost digital well-being.

 
PRIOR LEGISLATIVE HISTORY:

2025: Referred to Consumer Protection

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2025-S8102A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8102--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to the Committee on Consumer Protection --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the general business law, in relation to device-level
   age assurance
 
   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
 45-B to read as follows:
                               ARTICLE 45-B
                        DEVICE-LEVEL AGE ASSURANCE
 
 SECTION 1540. DEFINITIONS.
         1541. OBLIGATIONS FOR COVERED MANUFACTURERS.
         1542. OBLIGATIONS FOR COVERED DEVELOPERS.
         1543. NONDISCRIMINATION.
         1544. DATA SECURITY.
         1545. RULEMAKING AUTHORITY.
         1546. SCOPE.
         1547. ENFORCEMENT.
   §  1540.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AGE ASSURANCE" SHALL MEAN ANY METHOD TO REASONABLY  DETERMINE  THE
 AGE  CATEGORY  OF  A USER, USING METHODS THAT REASONABLY PREVENT AGAINST
 CIRCUMVENTION. SUCH METHOD MAY INCLUDE A METHOD THAT MEETS THE  REQUIRE-
 MENTS  OF ARTICLE FORTY-FIVE OF THIS CHAPTER, OR MAY BE A METHOD THAT IS
 IDENTIFIED PURSUANT TO  NEW  REGULATIONS  PROMULGATED  BY  THE  ATTORNEY
 GENERAL CONSISTENT WITH SECTION FIFTEEN HUNDRED FORTY-FIVE OF THIS ARTI-
 CLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13065-07-6

 S. 8102--A                          2
 
   2.  "AGE CATEGORY" SHALL MEAN DATA THAT A USER IS (A) UNDER THE AGE OF
 THIRTEEN YEARS; (B) AT LEAST THIRTEEN BUT UNDER SIXTEEN  YEARS;  (C)  AT
 LEAST SIXTEEN BUT UNDER EIGHTEEN YEARS; OR (D) AT LEAST EIGHTEEN YEARS.
   3.  "APPLICATION  PROGRAMMING  INTERFACE" OR "API" SHALL MEAN A SYSTEM
 THAT ALLOWS TWO OR MORE SOFTWARE SYSTEMS  TO  COMMUNICATE  AND  EXCHANGE
 INFORMATION, FEATURES, AND FUNCTIONALITY.
   4.  "APPLICATION STORE" SHALL MEAN A PUBLICLY AVAILABLE WEBSITE, SOFT-
 WARE APPLICATION, OR ONLINE SERVICE THAT DISTRIBUTES THIRD  PARTY  PLAT-
 FORMS' SOFTWARE APPLICATIONS TO AN INTERNET-ENABLED DEVICE.
   5.  "COVERED  DEVELOPER"  SHALL  MEAN  A PERSON WHO OWNS OR CONTROLS A
 WEBSITE, ONLINE SERVICE,  ONLINE  APPLICATION,  MOBILE  APPLICATION,  OR
 PORTION THEREOF THAT IS ACCESSED BY A USER IN THE STATE OF NEW YORK.
   6. "COVERED MANUFACTURER" SHALL MEAN A MANUFACTURER OF AN INTERNET-EN-
 ABLED DEVICE, AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE.
   7. "COVERED MINOR" SHALL MEAN A USER OF AN INTERNET-ENABLED DEVICE WHO
 A  COVERED  MANUFACTURER  HAS  DETERMINED  VIA  ONE OR MORE COMMERCIALLY
 REASONABLE AGE ASSURANCE METHODS TO BE UNDER THE AGE OF EIGHTEEN.
   8. "INTERNET-ENABLED DEVICE"  SHALL  MEAN  AND  INCLUDE  ANY  DESKTOP,
 LAPTOP, SMARTPHONE, TABLET, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE
 INTERNET  AND  ENABLING  THE  USER  TO  ACCESS  CONTENT ON THE INTERNET,
 INCLUDING A SOCIAL MEDIA PLATFORM.
   9. "OPERATING SYSTEM" SHALL MEAN THE SYSTEM SOFTWARE THAT MANAGES  THE
 HARDWARE  OF AN INTERNET-ENABLED DEVICE AND ALLOWS PROGRAMS AND APPLICA-
 TIONS TO RUN ON SUCH DEVICE.
   10. "OPERATING SYSTEM PROVIDER" SHALL MEAN  ANY  PERSON,  PARTNERSHIP,
 ASSOCIATION, FIRM, BUSINESS, OR OTHER LEGAL ENTITY, OR ANY MEMBER THERE-
 OF,  WHO  DEVELOPS,  DISTRIBUTES,  AND/OR  MAINTAINS AN INTERNET-ENABLED
 DEVICE'S OPERATING SYSTEM, INCLUDING BUT  NOT  LIMITED  TO  THE  DESIGN,
 PROGRAMMING,   OR  SUPPLY  OF  OPERATING  SYSTEMS  FOR  INTERNET-ENABLED
 DEVICES.
   11. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
 SION FIVE OF SECTION ELEVEN HUNDRED OF THIS CHAPTER.
   § 1541. OBLIGATIONS FOR COVERED MANUFACTURERS. 1. UPON  ACTIVATION  OF
 AN  INTERNET-ENABLED  DEVICE AFTER THE EFFECTIVE DATE OF THIS ARTICLE, A
 COVERED MANUFACTURER SHALL CONDUCT AGE ASSURANCE TO DETERMINE  A  USER'S
 AGE  CATEGORY  AT  THE  POINT OF SUCH ACTIVATION.  FOR DEVICES THAT WERE
 ACTIVATED PRIOR TO THE EFFECTIVE DATE OF  THIS  ARTICLE,  HOWEVER,  SUCH
 COVERED MANUFACTURER SHALL CONDUCT THE AGE ASSURANCE DESCRIBED HEREIN ON
 OR BEFORE SUCH EFFECTIVE DATE.
   2.    A  COVERED MANUFACTURER SHALL PROVIDE A COVERED DEVELOPER WITH A
 DIGITAL SIGNAL INDICATING THE AGE CATEGORY OF A  USER  VIA  A  REAL-TIME
 APPLICATION  PROGRAMMING  INTERFACE  (API)  UPON RECEIVING A REQUEST FOR
 SUCH SIGNAL FROM SUCH DEVELOPER.
   3. A COVERED MANUFACTURER SHALL ENSURE THAT, FOR ANY  INTERNET-ENABLED
 DEVICES  SOLD AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE REQUIREMENTS
 OF THIS SECTION ARE INCLUDED IN ANY  OPERATING  SYSTEM  AND  APPLICATION
 STORE UPDATES BY DEFAULT AFTER SUCH EFFECTIVE DATE.
   §  1542. OBLIGATIONS FOR COVERED DEVELOPERS. 1. ALL COVERED DEVELOPERS
 SHALL REQUEST AN AGE CATEGORY SIGNAL FOR A USER FROM A COVERED  MANUFAC-
 TURER  WHEN  SUCH  USER DOWNLOADS AND LAUNCHES SUCH DEVELOPER'S WEBSITE,
 SERVICE, OR APPLICATION.
   2. IF THE SIGNAL INDICATES THAT A USER IS A COVERED MINOR,  THEN  SUCH
 COVERED  DEVELOPER SHALL TREAT SUCH SIGNAL AS AN AUTHORITATIVE INDICATOR
 OF SUCH USER'S AGE FOR THE PURPOSES OF COMPLIANCE  WITH  ANY  APPLICABLE
 LAW  AND  THE COVERED DEVELOPER SHALL BE DEEMED TO HAVE ACTUAL KNOWLEDGE
 THAT A USER IS A COVERED MINOR ACROSS ALL PLATFORMS AND POINTS OF ACCESS
 S. 8102--A                          3
 
 OF THE WEBSITE, SERVICE,  OR  APPLICATION;  PROVIDED,  HOWEVER,  THAT  A
 COVERED  DEVELOPER  SHALL  NOT  WILLFULLY DISREGARD CLEAR AND CONVINCING
 INFORMATION OTHERWISE AVAILABLE TO THE DEVELOPER THAT INDICATES A USER'S
 AGE IS DIFFERENT THAN THAT INDICATED BY THE AGE CATEGORY SIGNAL PROVIDED
 BY A COVERED MANUFACTURER.
   §  1543.  NONDISCRIMINATION. 1. A COVERED MANUFACTURER SHALL IMPOSE AT
 LEAST THE SAME RESTRICTIONS AND OBLIGATIONS ON ITS OWN WEBSITES,  APPLI-
 CATIONS,  AND  ONLINE  SERVICES  AS IT IMPOSES ON THE WEBSITES, APPLICA-
 TIONS, AND ONLINE SERVICES OF THIRD PARTIES.
   2. A COVERED MANUFACTURER SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUAL-
 ITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A USER
 DUE TO THE PROVISIONS OF THIS  ARTICLE,  OTHER  THAN  AS  NECESSARY  FOR
 COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   §  1544. DATA SECURITY. 1. A COVERED MANUFACTURER OR COVERED DEVELOPER
 SHALL DELETE ALL INFORMATION COLLECTED FOR THE PURPOSES OF THIS  ARTICLE
 AFTER SUCH PURPOSE HAS BEEN ACHIEVED, EXCEPT WHERE NECESSARY FOR COMPLI-
 ANCE WITH APPLICABLE PROVISIONS OF LAW OR REGULATION.
   2.  ALL  DIGITAL  SIGNALS  TRANSMITTED  PURSUANT  TO  SECTIONS FIFTEEN
 HUNDRED FORTY-ONE AND FIFTEEN HUNDRED FORTY-TWO OF THIS ARTICLE SHALL BE
 ENCRYPTED TO ENSURE DATA INTEGRITY AND SECURITY.
   § 1545. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE  THE
 PROVISIONS OF THIS ARTICLE.
   §  1546.  SCOPE.  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 WHEN AN INTERNET-ENABLED DEVICE,
 AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE IS ACCESSED  BY  A
 USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   §  1547.  ENFORCEMENT. 1. 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 TEN THOUSAND  DOLLARS
 PER  VIOLATION,  AND  TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE
 COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROVIDING  THE  BASIS
 FOR,  OR  BE SUBJECT TO, A PRIVATE RIGHT OF ACTION TO VIOLATIONS OF THIS
 ARTICLE OR UNDER ANY OTHER LAW.
   3.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS,  INFORMATION,  OR  REFERRALS  FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING A COVERED MANUFACTURER'S ALLEGED COMPLIANCE OR  NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   §  2.  Subdivision 1 of section 899-ii of the general business law, as
 added by chapter 121 of the laws of 2024, is amended to read as follows:
   1. For the purposes of this article, an operator shall treat a user as
 a covered user if the user's device communicates  or  signals  that  the
 user  is  or  shall  be  treated as a minor, including through a browser
 plug-in or privacy setting, device  setting,  or  other  mechanism  that
 complies with regulations promulgated by the attorney general, INCLUDING
 S. 8102--A                          4
 
 BUT  NOT  LIMITED TO THE DIGITAL SIGNALS CREATED IN ARTICLE FORTY-FIVE-B
 OF THIS CHAPTER.
   §  3. 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.
   § 4. This act shall take effect one year after it shall have become  a
 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.

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Senate Bill S8102A

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Sponsored By

Andrew Gounardes

Current Bill Status - In Senate Committee Consumer Protection Committee

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