S T A T E O F N E W Y O R K
________________________________________________________________________
8557
2021-2022 Regular Sessions
I N A S S E M B L Y
December 13, 2021
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Consumer Affairs and Protection
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13403-03-1
A. 8557 2
(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
LOCAL BUSINESSES IN THE USER'S CURRENT OR FUTURE PREDICTED LOCATION; (D)
THE NATURAL, ARTIFICIAL, OR PLANNED EVENTS IN THE USER'S CURRENT OR
FUTURE PREDICTED LOCATION; (E) POLITICAL PREFERENCES IN THE USER'S
CURRENT OR FUTURE PREDICTED LOCATION; AND/OR (F) LANDMARKS IN THE USER'S
CURRENT OR FUTURE PREDICTED LOCATION;
(II) INCOME RELATED ACTIVITIES, INCLUDING THE USER'S: (A) INCOME
LEVEL; (B) PROFESSION; (C) EMPLOYMENT STATUS; (D) SOURCE OF INCOME;
AND/OR (E) INVESTMENTS;
(III) RELATIONSHIP STATUS, INCLUDING WHETHER THE USER IS: (A) SINGLE;
(B) MARRIED; (C) DIVORCED; (D) ENGAGING IN AN AFFAIR; (E) IN A DOMESTIC
PARTNERSHIP; (F) ENGAGED; (G) IN A ROMANTIC OR INTIMATE SOCIAL RELATION-
SHIP; AND/OR (H) CONTEMPLATING OR IS IN THE PROCESS OF TERMINATING A
RELATIONSHIP;
(IV) SOCIAL STATUS, INCLUDING WHETHER THE USER: (A) IS A PUBLIC OFFI-
CIAL; (B) IS A PUBLIC FIGURE; (C) IS A LIMITED PURPOSE PUBLIC FIGURE;
(D) IS INVOLUNTARILY THRUST INTO THE PUBLIC DOMAIN; (E) RECEIVES A
SIGNIFICANT AMOUNT OF ENGAGEMENTS ON THE INTERACTIVE COMPUTER SERVICE
PROVIDER'S PLATFORM; AND/OR (F) RECEIVES AN INSIGNIFICANT AMOUNT OF
ENGAGEMENTS OR IS WITHIN A SPECIFIC THRESHOLD OF ENGAGEMENTS ON THE
INTERACTIVE COMPUTER SERVICE PROVIDER'S PLATFORM;
(V) PSYCHOLOGICAL PROFILE, WHETHER GENERATED BASED ON PSYCHOLOGICAL
CONDITIONS SET BY THE INTERACTIVE COMPUTER SERVICE PROVIDER, OR UNIQUE
OR GENERALLY ACCEPTED PSYCHOLOGICAL CONDITIONS;
(VI) VETERAN STATUS, INCLUDING WHETHER THE USER: (A) HAS SERVED IN THE
ARMED FORCES OF THE UNITED STATES OR ANOTHER COUNTRY; (B) IS CURRENTLY
SERVING IN THE ARMED FORCES OF THE UNITED STATES OR ANOTHER COUNTRY; (C)
HAS BEEN DISCHARGED, WHETHER HONORABLY, FOR MEDICAL REASONS OR OTHER-
WISE; AND/OR (D) IS NOT A VETERAN NOR A MEMBER OF THE ARMED FORCES OF
THE UNITED STATES OR ANOTHER COUNTRY;
(VII) MEDICAL CONDITION OR STATUS, INCLUDING THE USER'S: (A) MENTAL
STATE; (B) PHYSICAL STATE; (C) EMOTIONAL STATE; AND/OR (D) FREQUENCY OF
THEIR RECEIPT OF MEDICAL CARE;
(VIII) SEX;
(IX) GENDER;
(X) NATIONAL ORIGIN;
(XI) AGE;
(XII) RACE;
(XIII) RELIGION; AND/OR
(IX) FAMILIAL DEMOGRAPHICS, INCLUDING: (A) WHETHER THE USER IS PREG-
NANT OR EXPECTING A CHILD; (B) THE DEMOGRAPHIC MAKEUP OF THE USER'S
FAMILY; (C) THE NUMBER OF PEOPLE IN THE USER'S FAMILY; (D) THE EMOTIONAL
RELATIONSHIP BETWEEN FAMILY MEMBERS; AND/OR (E) AN IMMEDIATE OR DISTANT
RELATIVE'S SOCIAL STATUS, VETERAN STATUS, MEDICAL STATUS OR PSYCHOLOG-
ICAL PROFILE, RELATIONSHIP STATUS, INCOME RELATED ACTIVITIES, INCOME
LEVEL, LOCATION DATA, AGE, SEX, GENDER, RACE, NATIONAL ORIGIN, RELIGION,
OR FAMILIAL STATUS AS DESCRIBED IN THIS PARAGRAPH;
(H) "DEVELOPED" OR "DEVELOPING" SHALL MEAN:
(I) THE INTERACTIVE COMPUTER SERVICE PROVIDER GENERATING OR ALTERING
VISIBLE PORTIONS OF CONTENT OR A GROUP OF CONTENT; OR
(II) THE INTERACTIVE COMPUTER SERVICE PROVIDER SUFFICIENTLY ALTERING
THE MEANING OF CONTENT OR A GROUP OF CONTENT GENERATED BY THIRD PARTIES
THROUGH THE CALCULATED TARGETING OF THE SPECIFIC PERSON SUCH THAT A NEW
A. 8557 3
MESSAGE IS DEEMED TO BE CREATED BY THE INTERACTIVE COMPUTER SERVICE
PROVIDER.
2. AN INTERACTIVE COMPUTER SERVICE PROVIDER THAT CONDUCTS BUSINESS IN
THIS STATE SHALL NOT KNOWINGLY:
(A) PROMOTE ANY CONTENT TO A TARGETED USER; AND
(B) WITH THE INTENTION OF DEVELOPING THE CONTENT, CAUSE: (I) EXTREME
EMOTIONAL HARM; (II) PHYSICAL INJURY, INCLUDING SELF-INFLICTED INJURY OR
INJURY RESULTING FROM ADDICTION WHEREBY THE CONTENT BEING PROMOTED
CREATED THE ADDICTION OR ENCOURAGED SUCH USER TO INDULGE IN THEIR
ADDICTION; (III) FINANCIAL INJURY, INCLUDING SELF-INFLICTED FINANCIAL
INJURY AND FINANCIAL INJURY RESULTING FROM ADDICTION WHEREBY THE CONTENT
BEING PROMOTED CREATED THE ADDICTION OR ENCOURAGED SUCH USER TO INDULGE
IN THEIR ADDICTION; OR (IV) ANY OTHER SEVERE, COGNIZABLE INJURY THAT THE
INTERACTIVE COMPUTER SERVICE PROVIDER COULD REASONABLY FORESEE WOULD
OCCUR AS A RESULT OF THEM PROMOTING THE DEVELOPED MESSAGE.
3. ANY INTERACTIVE COMPUTER SERVICE PROVIDER WHO WILLFULLY VIOLATES
ANY PROVISION OF THIS SECTION SHALL BE LIABLE IN A CIVIL ACTION TO A
TARGET USER FOR ANY ACTUAL, PHYSICAL OR EMOTIONAL HARM INCURRED FROM
SUCH VIOLATION AND INCUR A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS
FOR EACH OFFENSE. IN MAKING A DETERMINATION OF ANY VIOLATION PURSUANT TO
THIS SECTION, THE ATTORNEY GENERAL MAY TAKE AND MAKE A DETERMINATION ON
THE RELEVANT FACTS, AND ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL
PRACTICE LAW AND RULES.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS: (A) AN OBLIGATION
IMPOSED ON AN INTERACTIVE COMPUTER SERVICE PROVIDER THAT ADVERSELY
AFFECTS THE RIGHTS OR FREEDOMS OF ANY PERSONS INCLUDING EXERCISING THE
RIGHT OF FREE SPEECH GRANTED BY THE NEW YORK STATE CONSTITUTION OR THE
UNITED STATES CONSTITUTION; (B) CREATING ANY LIABILITY FOR AN INTERAC-
TIVE COMPUTER SERVICE PROVIDER FOR PROMOTING CONTENT TO NON-TARGET USERS
BASED SOLELY ON THEIR LOCATION AND/OR TIME DATA; (C) CREATING ANY
LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVIDER FOR PROMOTING
CONTENT THAT IS NOT SUFFICIENTLY DEVELOPED TO BE DEEMED A VIOLATION OF
THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION; OR (D) CREATING ANY
LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVIDER FOR PROMOTING
INJURIOUS DEVELOPED CONTENT IN ANOTHER STATE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.