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Senate Bill S1177

2019-2020 Legislative Session

Requires website operators to allow minors who have posted certain content to remove such content

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2019-S1177 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §390-bb, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8590

2019-S1177 (ACTIVE) - Summary

Requires website operators to allow minors who have posted certain content to remove such content; defines terms; requires website operators to provide notice to all minors that such minors may remove, or request removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users; makes exceptions

2019-S1177 (ACTIVE) - Sponsor Memo

2019-S1177 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1177
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 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 FOLLOWING 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
 WEBSITE,  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 WEBSITE, 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 WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION,  OR  MOBILE  APPLICATION  WHERE  THE
 CONTENT OR INFORMATION IS POSTED.
   2. AN OPERATOR OF AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE APPLICA-
 TION,  OR MOBILE APPLICATION DIRECTED PRIMARILY TO MINORS OR AN OPERATOR
 OF AN INTERNET WEBSITE, ONLINE SERVICE, ONLINE  APPLICATION,  OR  MOBILE
 APPLICATION THAT HAS ACTUAL KNOWLEDGE THAT A MINOR IS USING ITS INTERNET
 WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION SHALL
 DO ALL OF THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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