Senate Bill S8300

2021-2022 Legislative Session

Prohibits interactive computer service providers from knowingly developing or promoting content that is dangerous or injurious

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology 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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2021-S8300 (ACTIVE) - Details

See Assembly Version of this Bill:
A8557
Current Committee:
Senate Internet And Technology
Law Section:
General Business Law
Laws Affected:
Add §394-ccc, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S4848, A1108

2021-S8300 (ACTIVE) - Summary

Prohibits interactive computer service providers from knowingly promoting content to a targeted user and with the intention of developing the content, cause the user extreme emotional harm, physical injury or financial injury.

2021-S8300 (ACTIVE) - Sponsor Memo

2021-S8300 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8300
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   interactive  computer  service  providers from knowingly developing or
   promoting content that is dangerous or injurious

   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 section
 394-ccc to read as follows:
   §   394-CCC.  INTERACTIVE  COMPUTER  SERVICE;    DEVELOPING  INJURIOUS
 CONTENT.  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "INTERACTIVE COMPUTER SERVICE" MEANS A  SERVICE  PROVIDER,  WHICH,
 FOR  PROFIT-MAKING  PURPOSES  OPERATES  AN  INTERNET  PLATFORM  THAT  IS
 DESIGNED TO DISSEMINATE PUBLIC CONTENT GENERATED BY A THIRD-PARTY;
   (B) "CONTENT" MEANS THE TEXTUAL, VISUAL OR AURAL INFORMATION  THAT  IS
 GENERATED BY A THIRD-PARTY OR THE INTERACTIVE COMPUTER SERVICE PROVIDER;
   (C)  "PROMOTE" MEANS TO PRESENT OR OTHERWISE CONVEY THIRD-PARTY-GENER-
 ATED OR INTERACTIVE COMPUTER SERVICE  PROVIDER-GENERATED  CONTENT  TO  A
 TARGET USER;
   (D)  "USER"  MEANS ANY PERSON WHO IS LOCATED IN THE STATE WHO UTILIZES
 AN INTERACTIVE COMPUTER SERVICE PROVIDER'S PLATFORM;
   (E) "PLATFORM" MEANS AN APPLICATION OR WEBSITE DEVELOPED BY AN  INTER-
 ACTIVE  COMPUTER  SERVICE  PROVIDER THAT ACTS AS AN INTERMEDIARY BETWEEN
 USERS AND A THIRD-PARTY TO DISSEMINATE CONTENT;
   (F) "TARGET USER" MEANS A PERSON  WHO  USES  AN  INTERACTIVE  COMPUTER
 SERVICE   AND WHOM THE INTERACTIVE COMPUTER SERVICE PROVIDER TARGETS FOR
 THE PURPOSE OF SENDING A DEVELOPED MESSAGE; AND
   (G) "TARGET, TARGETS, TARGETED, OR TARGETING" MEANS CONVEYING  CONTENT
 TO  A  TARGET  USER  SOLELY  ON  THE  BASIS OF THEIR PERSONAL DATA WHICH
 INCLUDES, BUT IS NOT LIMITED, TO A TARGET USER'S:
   (I) LOCATION DATA, WHETHER GENERAL OR PRECISE,  INCLUDING:    (A)  THE
 TIME  OF DAY IN THE USER'S CURRENT OR PREDICTED FUTURE LOCATION; (B) THE
 WEATHER IN THE USER'S CURRENT OR  PREDICTED  FUTURE  LOCATION;  (C)  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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