Senate Bill S8590

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8590
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  requiring
   website  operators  to allow minors who have posted certain content to
   remove such content
 
   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
 390-bb to read as follows:
   §  390-BB.  SOCIAL  MEDIA  REMOVAL  BY WEBSITE OPERATORS. 1.   FOR THE
 PURPOSES OF THIS SECTION THE FOLLOIWNG TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "MINOR" MEANS A PERSON UNDER THE AGE OF TWENTY-ONE WHO RESIDES IN
 THIS STATE.
   (B) "OPERATOR" MEANS ANY PERSON OR ENTITY THAT OWNS  AN  INTERNET  WEB
 SITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION. IT DOES
 NOT  INCLUDE  ANY THIRD PARTY THAT OPERATES, HOSTS, OR MANAGES, BUT DOES
 NOT OWN, AN INTERNET WEB SITE, ONLINE SERVICE,  ONLINE  APPLICATION,  OR
 MOBILE APPLICATION ON THE OWNER'S BEHALF OR PROCESSES INFORMATION ON THE
 OWNER'S BEHALF.
   (C)  "POSTED"  MEANS  CONTENT OR INFORMATION THAT CAN BE ACCESSED BY A
 USER IN ADDITION TO THE MINOR WHO POSTED  THE  CONTENT  OR  INFORMATION,
 WHETHER  THE USER IS A REGISTERED USER OR NOT, OF THE INTERNET WEB SITE,
 ONLINE SERVICE, ONLINE APPLICATION,  OR  MOBILE  APPLICATION  WHERE  THE
 CONTENT OR INFORMATION IS POSTED.
   2.  AN OPERATOR OF AN INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLI-
 CATION, OR MOBILE APPLICATION DIRECTED PRIMARILY TO MINORS OR AN  OPERA-
 TOR  OF  AN  INTERNET  WEB  SITE, ONLINE SERVICE, ONLINE APPLICATION, OR
 MOBILE APPLICATION THAT HAS ACTUAL KNOWLEDGE THAT A MINOR IS  USING  ITS
 INTERNET  WEB SITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLI-
 CATION SHALL DO ALL OF THE FOLLOWING:
   (A) PERMIT MINORS WHO ARE USERS OF SUCH WEB SITES OR  APPLICATIONS  TO
 REMOVE  OR REQUEST TO THE OPERATOR OF THE WEB SITE TO REMOVE ANY CONTENT
 THAT THEY HAVE CREATED OR POSTED TO THE WEB SITE. USERS OLDER THAN TWEN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15863-01-8

 S. 8590                             2
 
 TY-ONE SHALL BE PERMITTED TO REMOVE OR REQUEST TO THE  OPERATOR  OF  THE
 WEB SITE TO REMOVE ANY CONTENT CREATED OR POSTED WHEN THE USER WAS UNDER
 TWENTY-ONE  EXCEPT  WHEN  THAT  CONTENT  WAS CREATED OR POSTED MORE THAN
 TWENTY YEARS BEFORE THE REQUEST WAS MADE;
   (B) PROVIDE NOTICE TO ALL MINORS WHO ARE REGISTERED USERS OF THE OPER-
 ATOR'S  INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
 APPLICATION THAT THE MINOR MAY  REMOVE  OR,  IF  THE  OPERATOR  PREFERS,
 REQUEST  AND  OBTAIN  REMOVAL  OF,  CONTENT OR INFORMATION POSTED ON THE
 OPERATOR'S INTERNET WEB SITE, ONLINE  SERVICE,  ONLINE  APPLICATION,  OR
 MOBILE APPLICATION BY THE REGISTERED USERS;
   (C)  PROVIDE  CLEAR INSTRUCTIONS TO MINORS WHO ARE REGISTERED USERS OF
 THE OPERATOR'S INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLICATION, OR
 MOBILE APPLICATION ON HOW THE  USER  MAY  REMOVE  OR,  IF  THE  OPERATOR
 PREFERS, REQUEST AND OBTAIN THE REMOVAL OF CONTENT OR INFORMATION POSTED
 ON THE OPERATOR'S INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLICATION,
 OR MOBILE APPLICATION; AND
   (D)  PROVIDE  NOTICE  TO MINORS WHO ARE REGISTERED USERS OF THE OPERA-
 TOR'S INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLICATION,  OR  MOBILE
 APPLICATION  THAT  THE  REMOVAL  DESCRIBED  UNDER  PARAGRAPH (A) OF THIS
 SUBDIVISION DOES NOT ENSURE COMPLETE OR  COMPREHENSIVE  REMOVAL  OF  THE
 CONTENT  OR  INFORMATION  POSTED  ON  THE  OPERATOR'S INTERNET WEB SITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION BY THE  REGIS-
 TERED USERS.
   3.  AN OPERATOR OR A THIRD PARTY IS NOT REQUIRED TO ERASE OR OTHERWISE
 ELIMINATE, OR TO ENABLE ERASURE OR ELIMINATION OF, CONTENT  OR  INFORMA-
 TION IN ANY OF THE FOLLOWING CIRCUMSTANCES:
   (A)  ANY OTHER PROVISION OF FEDERAL OR STATE LAW REQUIRES THE OPERATOR
 OR THIRD PARTY TO MAINTAIN THE CONTENT OR INFORMATION;
   (B) THE CONTENT OR INFORMATION WAS STORED ON OR POSTED TO  THE  OPERA-
 TOR'S  INTERNET  WEB SITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE
 APPLICATION BY A THIRD PARTY OTHER THAN THE MINOR, WHO IS  A  REGISTERED
 USER, INCLUDING ANY CONTENT OR INFORMATION POSTED BY THE REGISTERED USER
 THAT WAS STORED, REPUBLISHED, OR REPOSTED BY THE THIRD PARTY;
   (C)  THE  OPERATOR ANONYMIZES THE CONTENT OR INFORMATION POSTED BY THE
 MINOR WHO IS A REGISTERED USER, SO THAT THE MINOR WHO  IS  A  REGISTERED
 USER CANNOT BE INDIVIDUALLY IDENTIFIED;
   (D)  THE  MINOR DOES NOT FOLLOW THE INSTRUCTIONS PROVIDED TO THE MINOR
 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION ON HOW  THE
 REGISTERED  USER MAY REQUEST AND OBTAIN THE REMOVAL OF CONTENT OR INFOR-
 MATION POSTED ON THE  OPERATOR'S  INTERNET  WEB  SITE,  ONLINE  SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION BY THE REGISTERED USER; AND
   (E)  THE  MINOR  HAS  RECEIVED COMPENSATION OR OTHER CONSIDERATION FOR
 PROVIDING THE CONTENT.
   4. THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE AUTHORITY OF A LAW
 ENFORCEMENT AGENCY TO OBTAIN ANY CONTENT OR INFORMATION FROM AN OPERATOR
 AS AUTHORIZED BY LAW OR PURSUANT TO AN ORDER OF  A  COURT  OF  COMPETENT
 JURISDICTION.
   5. AN OPERATOR SHALL BE DEEMED COMPLAINT WITH THIS SECTION IF:
   (A)  IT RENDERS THE CONTENT OR INFORMATION POSTED BY THE MINOR USER NO
 LONGER VISIBLE TO OTHER USERS OF THE SERVICE AND THE PUBLIC EVEN IF  THE
 CONTENT OR INFORMATION REMAINS ON THE OPERATOR'S SERVERS IN SOME FORM.
   (B)  DESPITE  MAKING THE ORIGINAL POSTING BY THE MINOR USER INVISIBLE,
 IT REMAINS VISIBLE BECAUSE A THIRD  PARTY  HAS  COPIED  THE  POSTING  OR
 REPOSTED THE CONTENT OR INFORMATION POSTED BY THE MINOR.

 S. 8590                             3
 
   6.  THIS  SECTION  SHALL NOT BE CONSTRUED TO REQUIRE AN OPERATOR OF AN
 INTERNET WEB SITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE  APPLI-
 CATION TO COLLECT AGE INFORMATION ABOUT USERS.
   § 2. This act shall take effect immediately.