NY State Senate Bill 2021-S8317

Senate Bill S8317

2021-2022 Legislative Session

Relates to disclosing to a parent the personal information and content about a minor collected by an operator of an internet platform

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.812
Feb 11, 2022	referred to internet and technology

Votes

- Apr 25, 2022 - Internet And Technology Committee Vote
  S8317
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Internet And Technology Committee Vote: Apr 25, 2022
      
      aye (7)
      
      Borrello
      
      Mannion
      
      Oberacker
      
      Parker
      
      Ramos
      
      Savino
      
      Thomas

2021-S8317 (ACTIVE) - Details

See Assembly Version of this Bill:: A9027
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §392-k, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S2324, A936

2021-S8317 (ACTIVE) - Summary

Discloses to a parent the personal information and content about a minor collected by an operator of an internet platform when a parent requests such information.

2021-S8317 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8317

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to disclosing to a
parent the personal information and content about a minor collected by
an operator of an internet platform

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to disclosing to a parent the person information and content
about a minor collected by an operator of an internet platform.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides important definitions. It also provides the obli-
gations of the operator when they receive request from parents to obtain
their minors' data, which include providing the parent with copies of
all the advertisements shown to their child and the identifiers which
were used to generate those advertisements.  Additionally, it provides
defenses to providing the information.

 
JUSTIFICATION:

The Child Online Privacy Protection Act ("COPPA") provides, in relevant
part, that online operators are required to provide to a verified
parent, upon request, a description of the information collected from
the parent's minor child, the opportunity to compel the operator to
cease collecting the child information, and any personal information
collected from the child so long as the request is reasonable.

Parents undoubtedly have the right to know two things: what their chil-
dren see, and what tech conglomerates know about their children.  COPPA
does not yet address the two critical pieces of information that meet
those two requirements, namely, advertisements that their children were
exposed to, and the identifiers used to produce those advertisements.
Parents ought to know what content their children are seeing, at least,
in regard to the content that tech conglomerates promote to their chil-
dren. This is because it is the right of every parent to raise their
child in the manner that they see fit.  Intrusive outside influences
have the inherent capacity to corrupt and alter an impressionable
child's morality and principles that a child's parents teach to them.
Given that under federal law, these companies have virtually unre-
stricted freedom to promote inflammatory and deleterious content to
anyone as long as they do not have "actual knowledge" of their age, it
is critical that parents have the right and ability to counteract the
harmful messages that their children are being exposed to without the
parent's guidance.

Similarly, if parents are given the ability to see what tech companies
know about their children, they can use that information to better
steer, their children toward more appropriate content, as well as use it
to investigate for themselves the objectionable messaging that led to
the creation of these identifiers in the first place.

 
PRIOR LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S8317 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8317
 
                             I N  S E N A T E
 
                             February 11, 2022
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 disclosing to a
   parent the personal information and content about a minor collected by
   an operator of an internet platform
 
   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
 392-k to read as follows:
   §  392-K. DISCLOSURE OF PERSONAL INFORMATION AND CONTENT ABOUT A MINOR
 COLLECTED BY AN OPERATOR OF AN INTERNET PLATFORM. 1.  AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "OPERATOR" SHALL MEAN AND INCLUDE A PLATFORM LOCATED ON THE INTER-
 NET  OR AN ONLINE SERVICE WHO COLLECTS OR MAINTAINS PERSONAL INFORMATION
 FROM OR ABOUT THE USER  OF  OR  VISITORS  TO  SUCH  PLATFORM  OR  ONLINE
 SERVICE, OR ON WHOSE BEHALF SUCH INFORMATION IS COLLECTED OR MAINTAINED,
 WHERE  SUCH  PLATFORM  OR  ONLINE  SERVICE  IS  OPERATED  FOR COMMERCIAL
 PURPOSES, INCLUDING ANY PERSON OFFERING PRODUCTS OR  SERVICES  FOR  SALE
 THROUGH SUCH PLATFORM OR ONLINE SERVICE.
   (B)  "IDENTIFIERS" SHALL MEAN ANY INFORMATION WHICH IS GENERATED BY AN
 OPERATOR, WHETHER AUTOMATICALLY OR MANUALLY, THROUGH THE MINOR'S  ONLINE
 ACTIVITY, WHETHER ON THE OPERATOR'S PLATFORM OR OTHERWISE.
   (C)  "INTERNET"  SHALL  MEAN  THE  MYRIAD OF COMPUTER AND TELECOMMUNI-
 CATIONS FACILITIES, INCLUDING EQUIPMENT AND  OPERATING  SOFTWARE,  WHICH
 COMPRISE  THE  INTERCONNECTED  WORLDWIDE NETWORK OF NETWORKS THAT EMPLOY
 THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL, OR ANY  PREDECESSOR
 OR  SUCCESSOR  PROTOCOLS TO SUCH PROTOCOL, TO COMMUNICATE INFORMATION OF
 ALL KINDS BY WIRE OR RADIO.
   (D) "PARENT" SHALL MEAN A LEGAL GUARDIAN UNDER THE LAWS OF  THE  STATE
 OF NEW YORK.
   (E)  "VERIFIED  PARENT"  SHALL MEAN A PERSON WHO IS DETERMINED TO BE A
 LEGAL GUARDIAN BY THE OPERATOR IN ACCORDANCE WITH THE  METHODS  PROVIDED
 IN 15 USC § 6501(9).
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13996-01-1

 S. 8317                             2
 
   (F)  "MINOR"  SHALL  MEAN ANY PERSON IN THE STATE WHO HAS NOT ATTAINED
 THE AGE OF THIRTEEN.
   (G)  "PLATFORM"  SHALL MEAN AN APPLICATION OR WEBSITE THAT SERVES AS A
 BASE FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED.
   (H) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
 IS GENERATED BY A THIRD-PARTY OR THE OPERATOR.
   (I) "TRACKED" SHALL MEAN TO MONITOR A MINOR'S ACTIVITY ON OR  OFF  THE
 OPERATOR'S PLATFORM FOR THE PURPOSE OF DETERMINING A USER'S IDENTIFIERS.
   (J) "IDENTIFIERS" SHALL MEAN THE INFORMATION GENERATED FROM TRACKING A
 MINOR WHICH ASSIGNS TO THEM CERTAIN FACTORS WHICH ARE USED FOR CONVEYING
 CONTENT TO THE MINOR.
   2. UPON REQUEST FROM A VERIFIED PARENT OF A MINOR, AN OPERATOR SHALL:
   (A) PROVIDE THE VERIFIED PARENT WITH DIGITAL OR PHYSICAL COPIES OF ALL
 ADVERTISEMENTS AND OTHER CONTENT WHICH THE MINOR WAS SHOWN BY THE OPERA-
 TOR  ON  THE  OPERATOR'S  PLATFORM  THAT  WERE SHOWN SOLELY BASED ON THE
 MINOR'S IDENTIFIERS; AND
   (B) PROVIDE THE VERIFIED PARENT WITH THE IDENTIFIERS WHICH THE  OPERA-
 TOR  GENERATED  BY  UTILIZING  THE  CHILD'S ONLINE ACTIVITY WHETHER THAT
 ACTIVITY IS TRACKED ON OR OFF THE OPERATOR'S PLATFORM.
   3. IT SHALL BE A DEFENSE TO THIS SECTION THAT THE OPERATOR  IS  UNABLE
 TO  PROVIDE  THE INFORMATION REQUIRED IN SUBDIVISION TWO OF THIS SECTION
 DUE TO FORESEEABLE  OR  UNFORESEEABLE  CIRCUMSTANCES  THAT  PREVENT  THE
 DISCLOSURE OF SUCH INFORMATION THAT IS NOT THE FAULT OF THE OPERATOR.
   4.  THIS  SECTION SHALL NOT BE CONSTRUED AS IMPOSING ANY OBLIGATION ON
 AN OPERATOR FOR DISCLOSING THE INFORMATION REQUIRED IN  SUBDIVISION  TWO
 OF  THIS SECTION TO A VERIFIED PARENT DURING THE PERIOD OF TIME IN WHICH
 THE OPERATOR DID NOT HAVE ACTUAL KNOWLEDGE OF THE CHILD'S AGE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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