S T A T E O F N E W Y O R K
________________________________________________________________________
927
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 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 preventing
interactive computer service providers from knowingly or negligently
promoting developed content that is dangerous or otherwise injurious
to minors
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 PROVIDERS; DEVELOPING INJURI-
OUS CONTENT; MINORS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "INTERACTIVE COMPUTER SERVICE PROVIDERS" SHALL MEAN A SERVICE
PROVIDER WHO OPERATES IN THE STATE OF NEW YORK, WHICH, FOR PROFIT-MAKING
PURPOSES, OPERATES AN INTERNET PLATFORM THAT IS DESIGNED TO DISSEMINATE
PUBLIC CONTENT GENERATED BY THIRD PARTIES;
(B) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
IS GENERATED BY A THIRD PARTY OR AN INTERACTIVE COMPUTER SERVICE PROVID-
ER;
(C) "PROMOTE" SHALL MEAN TO PRESENT, OR OTHERWISE CONVEY, THIRD
PARTY-GENERATED OR INTERACTIVE COMPUTER SERVICE PROVIDER-GENERATED
CONTENT TO A TARGETED MINOR;
(D) "MINOR" SHALL MEAN ANY PERSON UNDER THE AGE OF EIGHTEEN WHO IS
LOCATED IN THE STATE OF NEW YORK;
(E) "PLATFORM" MEANS AN APPLICATION OR WEBSITE THAT SERVES AS A BASE
FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED;
(F) "TARGETED MINOR" MEANS A MINOR WHO USES THE INTERACTIVE COMPUTER
SERVICE, AND WHO THE INTERACTIVE COMPUTER SERVICE PROVIDER TARGETS FOR
THE PURPOSE OF SENDING A DEVELOPED MESSAGE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03783-01-3
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(G) "TARGET, TARGETS, TARGETED, OR TARGETING" SHALL MEAN CONVEYING
CONTENT TO A TARGETED MINOR SOLELY ON THE BASIS OF THEIR PERSONAL DATA
WHICH INCLUDES, BUT IS NOT LIMITED TO, THE TARGETED MINOR'S:
(I) LOCATION DATA, WHETHER GENERAL OR PRECISE, INCLUDING:
(A) THE TIME OF DAY IN THE MINOR'S CURRENT OR PREDICTED FUTURE
LOCATION;
(B) THE WEATHER IN THE MINOR'S CURRENT OR PREDICTED FUTURE LOCATION;
(C) THE LOCAL BUSINESSES IN THE MINOR'S CURRENT OR FUTURE PREDICTED
LOCATION;
(D) THE NATURAL, ARTIFICIAL, OR PLANNED EVENTS IN THE USERS CURRENT OR
FUTURE PREDICATED LOCATION;
(E) POLITICAL PREFERENCES IN THE MINOR'S CURRENT OR FUTURE PREDICTED
LOCATION; AND/OR
(F) LANDMARKS IN THE MINOR'S CURRENT OR FUTURE PREDICTED LOCATION.
(II) INCOME RELATED ACTIVITIES, INCLUDING THE MINOR'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 RELATIONSHIP; AND/OR
(H) IS CONTEMPLATING OR IS IN THE PROCESS OF TERMINATING A RELATION-
SHIP.
(IV) SOCIAL STATUS, INCLUDING WHETHER THE USER:
(A) IS A PUBLIC OFFICIAL;
(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 AN 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
OTHERWISE; 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 MINOR'S:
(A) MENTAL STATE;
(B) PHYSICAL STATE;
(C) EMOTIONAL STATE; AND/OR
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(D) FREQUENCY OF THEIR RECEIPT OF MEDICAL CARE.
(VIII) SEX;
(IX) GENDER;
(X) NATIONAL ORIGIN;
(XI) AGE;
(XII) RACE;
(XIII) RELIGION; AND
(XIV) FAMILIAL DEMOGRAPHICS, INCLUDING:
(A) WHETHER THE USER IS PREGNANT OR EXPECTING A CHILD;
(B) THE DEMOGRAPHIC MAKEUP OF THE MINOR'S FAMILY;
(C) THE NUMBER OF PEOPLE IN THE MINOR'S FAMILY;
(D) THE EMOTIONAL RELATIONSHIP BETWEEN FAMILY MEMBERS; AND/OR
(E) AN IMMEDIATE OR DISTANT RELATIVE'S PERSONAL DATA AS DESCRIBED IN
SUBPARAGRAPHS (I)-(XIII) OF THIS PARAGRAPH OR THEIR FAMILIAL DEMOGRAPH-
ICS STATUS AS DESCRIBED IN CLAUSES(A)-(D) OF THIS SUBPARAGRAPH; AND
(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 MINOR SUCH THAT A NEW
MESSAGE IS DEEMED TO BE CREATED BY THE INTERACTIVE COMPUTER SERVICE
PROVIDER.
2. AN INTERACTIVE COMPUTER SERVICE PROVIDER THAT CONDUCTS BUSINESS IN
THE STATE SHALL NOT KNOWINGLY OR NEGLIGENTLY INJURE A TARGETED MINOR
WITH PROMOTED CONTENT THAT THE INTERACTIVE COMPUTER SERVICE PROVIDER
DEVELOPED.
THE INTERACTIVE COMPUTER SERVICE PROVIDER SHALL BE LIABLE TO THE
TARGETED MINOR IN A CIVIL ACTION FOR ANY ACTUAL, PHYSICAL, AND EMOTIONAL
HARM INCURRED FROM A VIOLATION OF THIS SECTION, AS WELL AS PUNITIVE
DAMAGES. SUCH INTERACTIVE COMPUTER SERVICES PROVIDER SHALL INCUR A CIVIL
PENALTY OF UP TO ONE HUNDRED THOUSAND DOLLARS PER OFFENSE.
3. IT IS NOT A DEFENSE TO THIS SECTION THAT THE INTERACTIVE COMPUTER
SERVICE PROVIDER INCORRECTLY DETERMINED THE TARGETED MINOR'S DATA.
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, SUCH AS
EXERCISING THE RIGHT OF FREE SPEECH PURSUANT TO THE FIRST AMENDMENT TO
THE UNITED STATES CONSTITUTION;
(B) AN ADDITIONAL OR INCREASED LIABILITY OF AN INTERACTIVE COMPUTER
SERVICE PROVIDER FOR ANYTHING OTHER THAN KNOWINGLY OR NEGLIGENTLY
PROMOTING CONTENT THAT IS DETRIMENTAL TO MINORS WHO USE SUCH INTERACTIVE
COMPUTER SERVICE PROVIDER PROMOTING CONTENT TO NON-TARGETED MINORS BASED
SOLELY ON THEIR LOCATION AND/OR TIME DATA;
(C) CREATING ANY LIABILITY FOR AN INTERACTIVE COMPUTER SERVICE PROVID-
ER 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 PROVID-
ER FOR PROMOTING DANGEROUS OR OTHERWISE INJURIOUS DEVELOPED CONTENT IN
ANOTHER STATE.
5. IN DETERMINATION OF ANY SUCH VIOLATION, THE ATTORNEY GENERAL SHALL
BE AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT
FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW
AND RULES.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.