NY State Assembly Bill 2023-A936A

Assembly Bill A936A

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer affairs and protection
Feb 16, 2023	print number 936a
Feb 16, 2023	amend and recommit to consumer affairs and protection
Jan 11, 2023	referred to consumer affairs and protection

Bill Amendments

Original

A (Active)

2023-A936 - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §392-k, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: A9027

2023-A936 - 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.

2023-A936 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    936
 
                        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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03801-01-3
 A. 936                              2

 
   (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).
   (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.

2023-A936A (ACTIVE) - Details

Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §392-k, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: A9027

2023-A936A (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.

2023-A936A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  936--A
 
                        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  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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)  "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.
   (C) "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.
                                                            LBD03801-02-3
 A. 936--A                           2

 
   (D) "MINOR" SHALL MEAN ANY PERSON IN THE STATE WHO  HAS  NOT  ATTAINED
 THE AGE OF THIRTEEN.
   (E)  "PLATFORM"  SHALL MEAN AN APPLICATION OR WEBSITE THAT SERVES AS A
 BASE FROM WHICH THE INTERACTIVE COMPUTER SERVICE IS PROVIDED.
   (F) "CONTENT" SHALL MEAN THE TEXTUAL, VISUAL OR AURAL INFORMATION THAT
 IS GENERATED BY A THIRD-PARTY OR THE OPERATOR.
   (G) "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.
   (H) "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,
 TO THE EXTENT PRACTICABLE:
   (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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