Assembly Bill A8101

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8101
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   social media networks to verify the age of account holders
 
   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. 1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ACCOUNT HOLDER" SHALL MEAN A PERSON WHO HAS, OR OPENS, AN ACCOUNT
 OR PROFILE TO USE A SOCIAL MEDIA NETWORK'S PLATFORM.
   (B) "DIVISION" SHALL MEAN THE CONSUMER PROTECTION DIVISION ESTABLISHED
 PURSUANT TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
   (C) "SOCIAL MEDIA NETWORK" SHALL HAVE THE SAME MEANING AS SET FORTH IN
 PARAGRAPH  (B)  OF SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-FOUR-
 CCC OF THIS ARTICLE.
   2. A SOCIAL MEDIA NETWORK SHALL VERIFY THE AGE OF AN EXISTING  OR  NEW
 SOCIAL MEDIA ACCOUNT HOLDER:
   (A)  FOR  A  NEW  ACCOUNT, WITHIN THIRTY CALENDAR DAYS OF THE DATE THE
 ACCOUNT HOLDER OPENS THE ACCOUNT; OR
   (B) FOR AN EXISTING ACCOUNT, IF THE ACCOUNT HOLDER  HAS  NOT  PROVIDED
 AGE  VERIFICATION,  WITHIN THIRTY CALENDAR DAYS OF SUCH ACCOUNT HOLDER'S
 FIRST ATTEMPT TO ACCESS SUCH ACCOUNT AFTER THE EFFECTIVE  DATE  OF  THIS
 SECTION.
   3.  A  SOCIAL MEDIA NETWORK SHALL USE A THIRD PARTY VENDOR TO COMPLETE
 THE AGE VERIFICATION  REQUIRED  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION.
   4.  IF  AN  ACCOUNT  HOLDER  FAILS  TO  COMPLETE  THE AGE VERIFICATION
 REQUIRED PURSUANT TO THIS SECTION WITHIN THE REQUIRED TIME  PERIOD,  THE
 SOCIAL MEDIA NETWORK SHALL DENY ACCESS TO THE ACCOUNT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13308-01-3
              

 A. 8101                             2
 
   (A) UPON THE EXPIRATION OF THE TIME PERIOD; AND
   (B) UNTIL ALL AGE VERIFICATION REQUIREMENTS ARE MET.
   5. THE DIVISION SHALL:
   (A)  ESTABLISH  PROCESSES OR MEANS BY WHICH A SOCIAL MEDIA NETWORK MAY
 MEET THE AGE VERIFICATION REQUIREMENTS UNDER THIS SECTION;
   (B) ESTABLISH ACCEPTABLE FORMS OR  METHODS  OF  IDENTIFICATION,  WHICH
 SHALL  INCLUDE BUT SHALL NOT BE LIMITED TO A VALID IDENTIFICATION ISSUED
 BY A GOVERNMENT ENTITY;
   (C) ESTABLISH PROCESSES FOR PROVIDING CONFIRMATION OF THE  RECEIPT  OF
 ANY  INFORMATION  PROVIDED  BY AN ACCOUNT HOLDER SEEKING TO VERIFY THEIR
 AGE PURSUANT TO THIS SECTION;
   (D) ESTABLISH REQUIREMENTS FOR  RETAINING,  PROTECTING,  AND  SECURELY
 DISPOSING  OF  ANY INFORMATION OBTAINED BY A SOCIAL MEDIA NETWORK OR ITS
 AGENT AS A RESULT OF COMPLIANCE WITH THE AGE  VERIFICATION  REQUIREMENTS
 UNDER THIS SECTION;
   (E) REQUIRE THAT ANY INFORMATION OBTAINED BY A SOCIAL MEDIA COMPANY OR
 ITS  AGENT  AS A RESULT OF COMPLIANCE WITH THE AGE VERIFICATION REQUIRE-
 MENTS UNDER THIS SECTION SHALL BE RETAINED FOR THE SOLE PURPOSE OF  SUCH
 COMPLIANCE AND SHALL NOT BE USED FOR ANY OTHER PURPOSE; AND
   (F)  REQUIRE  OTHER  APPLICABLE  STATE AGENCIES TO COMPLY WITH THE AGE
 VERIFICATION REQUIREMENTS UNDER THIS SECTION.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.