S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1108
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 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-cccc to read as follows:
   §  394-CCCC.  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.
                                                            LBD03781-01-3
              

 A. 1108                             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. 1108                             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.