Legislation
SECTION 1501
Prohibition of addictive feeds
General Business (GBS) CHAPTER 20, ARTICLE 45
* § 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
technically 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
commercially reasonable and technically feasible methods for a covered
operator 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
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
methods 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
operator to give a parent who grants verifiable parental consent any
additional 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.
* NB Effective on the 180th day after the office of the attorney
general promulgates rules and regulations necessary (see chapter 120 of
2024 § 5)
a covered operator to provide an addictive feed to a covered user
unless:
(a) the covered operator has used commercially reasonable and
technically 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
commercially reasonable and technically feasible methods for a covered
operator 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
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
methods 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
operator to give a parent who grants verifiable parental consent any
additional 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.
* NB Effective on the 180th day after the office of the attorney
general promulgates rules and regulations necessary (see chapter 120 of
2024 § 5)