NY State Senate Bill 2023-S6686

Archive: Last Bill Status - In Senate Committee Internet And Technology 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
May 05, 2023	referred to internet and technology

2023-S6686 (ACTIVE) - Details

Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 42 §§1100 - 1104, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:: S7476

2023-S6686 (ACTIVE) - Summary

Relates to social media open application programming; requires social media platforms to implement and maintain a standards-based application programming interface that permits third-party applications to retrieve data at no cost to be used for the user's benefit and to provide certain information to users; requires social media companies to submit a report to the attorney general.

2023-S6686 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6686

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the general business law, in relation to social media
open application programming

 
PURPOSE:

Relates to social media open application programming

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law that adds a new Article 42:

-1100 Definitions. provides definitions for "application programming
interface," "authorized representative," "content," "public or semipub-
lic internet-based service or application," "social media company," and
"social media platform"

-1101 Required open API Access with social media for third-party devel-

opment tools. Social media platforms must maintain that permits third-
party generally available to account applications to take action on the
of charge and easily accessible to standards-based API interface appli-
cations to retrieve data holders and allow third-party user's data and
settings free third-parties.

-1102 API Access report. On a semiannual company shall submit API access
reports basis, a social media to the attorney general that include,
current features included in the API, changes to the API since previous
report, description of repose to additional features, denials of any
person to the API. The Attorney general shall make all API access
reports public in a searchable online repository.

-1103 Violations and remedies. Violators may be enjoined. A company is
considered in violation if they do not provide or maintain open API
access in accordance with 1101, fails to provide open API access or
submit timely reports to the attorney general, or omits or misrepresents
information in the report.

-1104 Application. This article does not apply to social media companies
generating less than 100 million dollars in gross revenue in the preced-
ing calendar year or to services where user interactions are limited to
direct message, commercial transactions or reviews.

Section 2 is the effective date. This act takes effect 180 days after it
has become law.

 
JUSTIFICATION:

An Application Programming Interface (API) is a software, interface that
allows two applications to work together. If an API does not support
certain types of data, it can be hard for other applications to communi-
cate with and work with the primary application. Open API access allows
for public interest research, crisis response, public health, minimiza-
tion of fraud, protection against online violence and hate speech.
Allowing third parties to access a social media company's API can
empower social media users by giving them tools to increase their
control and enhance their user experience, such as limiting hateful
rhetoric. In a world where social media is part of the fabric of modern
society, data access becomes the basis of transparency and accountabil-
ity. Users should be able to control their world within a platform and
define and enforce their own needs, outside of a company's internal
terms of service and policies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act takes effect 180 days after it has become law.

2023-S6686 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6686
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Internet and Technol-
   ogy
 
 AN ACT to amend the general business law, in relation  to  social  media
   open application programming
 
   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  arti-
 cle 42 to read as follows:
                                 ARTICLE 42
                 SOCIAL MEDIA OPEN APPLICATION PROGRAMMING
                             INTERFACE ACCESS
 SECTION 1100. DEFINITIONS.
         1101. REQUIRED OPEN API ACCESS WITH SOCIAL MEDIA FOR THIRD-PARTY
         DEVELOPMENT TOOLS.
         1102. API ACCESS REPORT.
         1103. VIOLATIONS AND REMEDIES.
         1104. APPLICATION.
 § 1100. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "APPLICATION  PROGRAMMING  INTERFACE"  OR "API" MEANS A STANDARDS-
 BASED INTERFACE THAT PERMITS THIRD-PARTY APPLICATIONS TO  RETRIEVE  DATA
 AND  SEND  INSTRUCTIONS  THROUGH THE USE OF NON-PROPRIETARY TECHNOLOGIES
 THAT ARE COMMONLY USED AND RECOGNIZED BY BUSINESSES ON BEHALF OF A  USER
 OR AUTHORIZED REPRESENTATIVE WITH NO SPECIAL EFFORT.
   2. "AUTHORIZED REPRESENTATIVE" MEANS A PERSON WHO HAS RECEIVED WRITTEN
 AUTHORIZATION  FROM  A  USER  TO  TAKE  ACTIONS ON BEHALF OF A USER ON A
 SOCIAL MEDIA PLATFORM.
   3. "CONTENT" MEANS STATEMENTS OR COMMENTS MADE BY USERS AND MEDIA THAT
 ARE CREATED, POSTED, SHARED, OR OTHERWISE INTERACTED WITH BY USERS ON AN
 INTERNET-BASED SERVICE OR APPLICATION. "CONTENT" DOES NOT INCLUDE  MEDIA
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11044-01-3
 S. 6686                             2

 
 PUT  ON  A  SERVICE  OR APPLICATION EXCLUSIVELY FOR THE PURPOSE OF CLOUD
 STORAGE, TRANSMITTING FILES, OR FILE COLLABORATION.
   4.  "PUBLIC  OR  SEMIPUBLIC  INTERNET-BASED  SERVICE  OR  APPLICATION"
 EXCLUDES A SERVICE OR APPLICATION USED TO FACILITATE COMMUNICATION WITH-
 IN A BUSINESS OR ENTERPRISE AMONG EMPLOYEES OR AFFILIATES OF  THE  BUSI-
 NESS  OR  ENTERPRISE, PROVIDED THAT ACCESS TO THE SERVICE OR APPLICATION
 IS RESTRICTED TO EMPLOYEES OR AFFILIATES OF THE BUSINESS  OR  ENTERPRISE
 USING THE SERVICE OR APPLICATION.
   5.  "SOCIAL MEDIA COMPANY" MEANS A PERSON OR ENTITY THAT OWNS OR OPER-
 ATES ONE OR MORE SOCIAL MEDIA PLATFORMS.
   6. "SOCIAL MEDIA PLATFORM" MEANS A PUBLIC OR SEMIPUBLIC INTERNET-BASED
 SERVICE OR APPLICATION THAT HAS USERS IN NEW YORK AND THAT MEETS BOTH OF
 THE FOLLOWING CRITERIA:
   (A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
 USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
 IN THE SERVICE OR APPLICATION. A SERVICE OR  APPLICATION  THAT  PROVIDES
 EMAIL  OR DIRECT MESSAGING SERVICES SHALL NOT BE CONSIDERED TO MEET THIS
 CRITERION ON THE BASIS OF THAT FUNCTION ALONE.
   (B) THE SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF  THE  FOLLOW-
 ING:
   (I)  CONSTRUCT  A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES OF SIGNING
 INTO AND USING THE SERVICE OR APPLICATION;
   (II) POPULATE A LIST OF OTHER USERS WITH WHOM AN INDIVIDUAL  SHARES  A
 SOCIAL CONNECTION WITHIN THE SYSTEM; AND
   (III)  CREATE  OR POST CONTENT VIEWABLE BY OTHER USERS, INCLUDING, BUT
 NOT LIMITED TO, ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH  A  LANDING
 PAGE OR MAIN FEED THAT PRESENTS THE USER WITH CONTENT GENERATED BY OTHER
 USERS.
   § 1101. REQUIRED  OPEN  API  ACCESS  WITH SOCIAL MEDIA FOR THIRD-PARTY
 DEVELOPMENT TOOLS. 1. A SOCIAL MEDIA PLATFORM MUST IMPLEMENT  AND  MAIN-
 TAIN  A  STANDARDS-BASED  APPLICATION PROGRAMMING INTERFACE THAT PERMITS
 THIRD-PARTY APPLICATIONS TO RETRIEVE DATA SPECIFIED IN  SUBDIVISION  TWO
 OF THIS SECTION AT NO COST, AND FOR A USER OR A USER'S AUTHORIZED REPRE-
 SENTATIVE, TO BE USED FOR THE USER'S BENEFIT.
   2.  A  SOCIAL MEDIA PLATFORM MUST PROVIDE THE FOLLOWING INFORMATION TO
 ITS CURRENT USERS OR THEIR AUTHORIZED REPRESENTATIVES  THROUGH  THE  API
 CONSISTENT WITH SUBDIVISION ONE OF THIS SECTION:
   (A)  THE USER'S PERSONAL DATA THAT THE SOCIAL MEDIA PLATFORM CONTROLS,
 INCLUDING, WITHOUT LIMITATION:
   (I) DATA GENERALLY AVAILABLE  TO  ACCOUNT  HOLDERS,  INCLUDING  USER'S
 NAME, USERNAME OR HANDLE, PROFILE PHOTO, BIO, AND LOCATION;
   (II) USER DATA OR DATA BASED ON ACTIONS TAKEN BY THE USER GENERATED BY
 A  USER  COLLECTED BY THE SOCIAL MEDIA PLATFORM THAT FORMS THE BASIS FOR
 SOCIAL RECOMMENDATIONS, INCLUDING WITHOUT LIMITATION  USER  FOLLOWS  AND
 PUBLICLY AVAILABLE FOLLOWER DATA, AS WELL AS THE SOCIAL RECOMMENDATIONS,
 GROUPS, TOPICS, BOARDS, AND HASHTAGS, USERS MAY FOLLOW;
   (III)  THIRD-PARTY DATA WHICH IS EITHER (A) GENERALLY AVAILABLE TO ALL
 ACCOUNT HOLDERS, OR (B) MADE AVAILABLE TO THE USER BY THE ACTION OF THAT
 THIRD PARTY, AND WHICH IS COLLECTED BY THE SOCIAL MEDIA COMPANY TO  MAKE
 CONTENT DECISIONS THAT DIRECTLY OR INDIRECTLY IMPACT A USER; AND
   (IV)  USER  SETTINGS,  INCLUDING  NOTIFICATION  AND  PRIVACY SETTINGS,
 MUTED/BLOCKED ACCOUNTS AND KEYWORDS.
   (B) SOCIAL MEDIA PLATFORM PRODUCED OR RECOMMENDED DATA THAT IS  AVAIL-
 ABLE TO THE USER, INCLUDING WITHOUT LIMITATION:
 S. 6686                             3
 
   (I)  CONTENT THAT IS DIRECTED OR RECOMMENDED TO THE USER BY THE SOCIAL
 MEDIA PLATFORM IN SURFACE AREAS, INCLUDING DIRECT MESSAGES, COMMENTS  ON
 USER POSTS, MENTIONS, TAGGED COMMENTS, AND TAGGED STORIES;
   (II)  SOCIAL MEDIA PLATFORM PRODUCED DATA OR COMPILATIONS OF DATA THAT
 IS VISIBLE IN PERSONALIZED SURFACE AREAS, INCLUDING TIMELINE AND  RECOM-
 MENDATIONS;
   (III)  CONTENT  FREELY  AVAILABLE  TO  A  USER AS A RESULT OF A USER'S
 ACTIONS, INCLUDING CONTENT GENERALLY AVAILABLE TO GROUPS,  SERVERS,  AND
 COMMUNITIES JOINED BY THE USER; AND
   (IV) NOTIFICATIONS REGARDING ACTIONS ON THE SOCIAL MEDIA PLATFORM.
   (C)  DATA THAT IS GENERALLY AVAILABLE TO ALL ACCOUNT HOLDERS ABOUT THE
 USER'S FRIENDS OR FOLLOWERS THAT THE SOCIAL MEDIA PLATFORM USES TO  MAKE
 FILTERING  OR  RANKING  DECISIONS RELATING TO A USER, INCLUDING, WITHOUT
 LIMITATION, DATA THAT IS AVAILABLE TO THE USER ABOUT OTHER  ACCOUNTS  ON
 THE  PLATFORM,  INCLUDING  NAME,  USERNAME  OR HANDLE, PROFILE PHOTO AND
 NUMBER OF FOLLOWERS OR PERSONS FOLLOWING.
   3. A SOCIAL MEDIA PLATFORM MUST PROVIDE ACCESS THROUGH THE API  NECES-
 SARY  TO ALLOW THIRD-PARTY APPLICATIONS ON BEHALF OF ANY CURRENT USER TO
 WRITE, UPDATE OR TAKE ACTION ON:
   (A) THE USER'S PERSONAL DATA THAT THE SOCIAL MEDIA PLATFORM  CONTROLS,
 INCLUDING, WITHOUT LIMITATION:
   (I) DATA THAT IS GENERALLY AVAILABLE TO ALL ACCOUNT HOLDERS, INCLUDING
 USER'S NAME, USERNAME OR HANDLE, PROFILE PHOTO, BIO, AND LOCATION;
   (II)  USER  DATA  AND  DATA  GENERATED  BY A USER AND COLLECTED BY THE
 SOCIAL MEDIA PLATFORM THAT FORMS THE BASIS FOR  SOCIAL  RECOMMENDATIONS,
 INCLUDING  USER  FOLLOWS  AND FOLLOWER DATA, AS WELL AS THE TOPICS USERS
 MAY FOLLOW;
   (III) THIRD-PARTY DATA WHICH IS EITHER (A) GENERALLY AVAILABLE TO  ALL
 ACCOUNT  HOLDERS,  OR  (B)  MADE  AVAILABLE TO USER BY THE ACTION OF THE
 THIRD PARTY, AND WHICH IS COLLECTED BY THE SOCIAL MEDIA COMPANY TO  MAKE
 USER SAFETY DECISIONS, INCLUDING WHO USERS BLOCK AND MUTE; AND
   (IV)  USER  SETTINGS, INCLUDING NOTIFICATION AND PRIVACY SETTINGS, AND
 MUTED/BLOCKED KEYWORDS.
   (B) ALL SAFETY OR PREFERENCE CONTROLS THAT CAN  BE  APPLIED  TO  OTHER
 USERS  AND  CONTENT,  INCLUDING,  WITHOUT  LIMITATION, MUTING, BLOCKING,
 REPORTING, HIDING COMMENTS  OR  REPLIES,  ACCEPTING  USER  REQUESTS,  OR
 RELATED CONTROLS.
   4. A SOCIAL MEDIA PLATFORM MUST CONDUCT ROUTINE TESTING, CONDUCTED NOT
 LESS  THAN  QUARTERLY,  CONDUCT ONGOING MONITORING, AND MAKE ALL UPDATES
 NECESSARY TO ENSURE THE API FUNCTIONS PROPERLY, INCLUDING:
   (A) ASSESSMENTS TO VERIFY THAT  THE  API  IS  FULLY  AND  SUCCESSFULLY
 IMPLEMENTING PRIVACY AND SECURITY FEATURES.
   (B) A STATUS DASHBOARD TO ALLOW DEVELOPERS TO DETERMINE THE OPERATION-
 ALITY OF THE API.
   (C)  FUNCTIONALITY  TO  ENABLE PIECEWISE RETRIEVAL OF LARGE DATA SETS,
 INCLUDING FILTERING, SORTING, AND PAGINATION, OR ABILITY TO QUERY DELTAS
 SINCE A GIVEN TIMESTAMP.
   (D) MAXIMUM LATENCY THRESHOLDS NECESSARY TO ALLOW DEVELOPERS TO ACCESS
 ANY REQUIRED DATA IN A REASONABLE MANNER.
   (E) REASONABLE ERROR HANDLING, INCLUDING STANDARD ERROR CODES.
   (F) VERSIONING OF THE API.
   5. A SOCIAL MEDIA PLATFORM MUST MAKE PUBLICLY ACCESSIBLE,  BY  POSTING
 DIRECTLY ON ITS WEBSITE OR VIA A PUBLICLY ACCESSIBLE HYPERLINK OR HYPER-
 LINKS,  COMPLETE  ACCOMPANYING  DOCUMENTATION  REASONABLY  NECESSARY FOR
 DEVELOPERS TO ACCESS THE API. THIS DOCUMENTATION SHALL INCLUDE,  WITHOUT
 LIMITATION:
 S. 6686                             4

   (A)  API  SYNTAX,  FUNCTION  NAMES,  REQUIRED  AND OPTIONAL PARAMETERS
 SUPPORTED  AND  THEIR   DATA   TYPES,   RETURN   VARIABLES   AND   THEIR
 TYPES/STRUCTURES,  EXCEPTIONS  AND  EXCEPTION HANDLING METHODS AND THEIR
 RETURNS, AS WELL AS SAMPLE DATA FOR EACH DATA TYPE.
   (B) THE SOFTWARE COMPONENTS AND CONFIGURATIONS AN APPLICATION MUST USE
 IN  ORDER TO SUCCESSFULLY INTERACT WITH THE API AND PROCESS ITS RESPONSE
 OR RESPONSES.
   (C) ALL APPLICABLE TECHNICAL REQUIREMENTS AND ATTRIBUTES NECESSARY FOR
 AN APPLICATION TO BE REGISTERED WITH ANY AUTHORIZATION SERVER OR SERVERS
 DEPLOYED IN CONJUNCTION WITH THE API.
   (D) CHANGE LOGS FOR ANY UPDATES TO THE API.
   6. A SOCIAL MEDIA PLATFORM MAY DENY OR DISCONTINUE ANY USER OR AUTHOR-
 IZED REPRESENTATIVE'S APPLICATION'S ACCESS TO THE API IF:
   (A) THE SOCIAL MEDIA PLATFORM REASONABLY DETERMINES,  CONSISTENT  WITH
 ACCESS  REQUIREMENTS  CLEARLY  ESTABLISHED  IN ITS TERMS AND CONDITIONS,
 THAT ALLOWING A USER OR AUTHORIZED REPRESENTATIVE TO CONNECT  OR  REMAIN
 CONNECTED  TO THE API WOULD PRESENT AN UNACCEPTABLE LEVEL OF RISK TO THE
 SECURITY OF THE SOCIAL MEDIA PLATFORM OR ITS USERS; AND
   (B) THE SOCIAL MEDIA PLATFORM MAKES THIS  DETERMINATION  USING  OBJEC-
 TIVE,  VERIFIABLE  CRITERIA  THAT  ARE  APPLIED  FAIRLY AND CONSISTENTLY
 ACROSS ALL APPLICATIONS AND DEVELOPERS  THROUGH  WHICH  USERS  MAY  SEEK
 ACCESS  TO  THE  PLATFORM;  PROVIDED THAT THE SOCIAL MEDIA PLATFORM MUST
 RETAIN RECORDS OF ANY DECISION TO RESTRICT API ACCESS  TO  ANY  USER  OR
 AUTHORIZED  REPRESENTATIVE,  INCLUDING  THE USER, DATE, TIME, DOCUMENTED
 MISUSE AND RECORD OF NOTIFICATION OF VIOLATION.
   § 1102. API ACCESS REPORT. 1. ON A SEMIANNUAL BASIS IN ACCORDANCE WITH
 SUBDIVISION TWO OF THIS SECTION, A SOCIAL MEDIA COMPANY SHALL SUBMIT  TO
 THE  ATTORNEY  GENERAL AN API ACCESS REPORT. THE API ACCESS REPORT SHALL
 INCLUDE, FOR EACH SOCIAL MEDIA PLATFORM OWNED OR OPERATED BY THE  COMPA-
 NY, INFORMATION ON API UTILIZATION AND ACCESS DECISIONS MADE PURSUANT TO
 SECTION ELEVEN HUNDRED ONE OF THIS ARTICLE, INCLUDING ALL OF THE FOLLOW-
 ING:
   (A) THE CURRENT FEATURES INCLUDED IN THE API;
   (B)  IF  A SOCIAL MEDIA COMPANY HAS FILED ITS FIRST REPORT, A COMPLETE
 AND DETAILED DESCRIPTION OF ANY CHANGES TO THE API  SINCE  THE  PREVIOUS
 REPORT;
   (C)  A  DETAILED  DESCRIPTION  OF  HOW  THE  SOCIAL  MEDIA COMPANY HAS
 RESPONDED TO ADDITIONAL FEATURES ADDED TO THE PLATFORM SINCE THE  PREVI-
 OUS API ACCESS REPORT; AND
   (D)  ANY DENIALS OR DISCONTINUATIONS OF ANY PERSON TO THE API, INCLUD-
 ING A COMPLETE AND DETAILED DESCRIPTION OF THE BASES FOR SUCH DENIAL  OR
 DISCONTINUATION.
   2. (A) A SOCIAL MEDIA COMPANY SHALL ELECTRONICALLY SUBMIT A SEMIANNUAL
 API  ACCESS REPORT PURSUANT TO SUBDIVISION ONE OF THIS SECTION, COVERING
 ACTIVITY WITHIN THE THIRD AND FOURTH QUARTERS OF THE PRECEDING  CALENDAR
 YEAR,  TO  THE  ATTORNEY GENERAL NO LATER THAN APRIL FIRST OF EACH YEAR,
 AND SHALL ELECTRONICALLY SUBMIT A SEMIANNUAL API ACCESS REPORT  PURSUANT
 TO  SUBDIVISION  ONE OF THIS SECTION, COVERING ACTIVITY WITHIN THE FIRST
 AND SECOND QUARTERS OF THE CURRENT CALENDAR YEAR, TO THE ATTORNEY GENER-
 AL NO LATER THAN OCTOBER FIRST OF EACH YEAR.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A SOCIAL  MEDIA
 COMPANY SHALL ELECTRONICALLY SUBMIT ITS FIRST API ACCESS REPORT PURSUANT
 TO  SUBDIVISION  ONE OF THIS SECTION, COVERING ACTIVITY WITHIN THE THIRD
 QUARTER OF TWO THOUSAND TWENTY-FOUR, TO THE ATTORNEY  GENERAL  NO  LATER
 THAN  JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE, AND SHALL ELECTRONICALLY
 SUBMIT ITS SECOND API ACCESS REPORT PURSUANT TO SUBDIVISION ONE OF  THIS
 S. 6686                             5
 
 SECTION,  COVERING  ACTIVITY  WITHIN  THE FOURTH QUARTER OF TWO THOUSAND
 TWENTY-FOUR, TO THE ATTORNEY GENERAL NO  LATER  THAN  APRIL  FIRST,  TWO
 THOUSAND  TWENTY-FIVE.  A  SOCIAL  MEDIA PLATFORM SHALL SUBMIT ITS THIRD
 REPORT NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE, IN ACCORD-
 ANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION.
   3.  THE  ATTORNEY  GENERAL SHALL MAKE ALL API ACCESS REPORTS SUBMITTED
 PURSUANT TO THIS SECTION AVAILABLE TO THE PUBLIC IN A SEARCHABLE REPOSI-
 TORY ON ITS OFFICIAL INTERNET WEBSITE.
   § 1103. VIOLATIONS AND REMEDIES. 1. (A) A SOCIAL  MEDIA  COMPANY  THAT
 VIOLATES  THE PROVISIONS OF THIS ARTICLE MAY BE ENJOINED IN ANY COURT OF
 COMPETENT JURISDICTION.
   (B) A SOCIAL MEDIA COMPANY SHALL BE CONSIDERED  IN  VIOLATION  OF  THE
 PROVISIONS  OF  THIS ARTICLE IF THE SOCIAL MEDIA COMPANY DOES ANY OF THE
 FOLLOWING:
   (I) FAILS TO PROVIDE OR MAINTAIN OPEN API ACCESS  IN  ACCORDANCE  WITH
 SECTION ELEVEN HUNDRED ONE OF THIS ARTICLE;
   (II)  FAILS  TO TIMELY SUBMIT TO THE ATTORNEY GENERAL REPORTS REQUIRED
 PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE; OR
   (III) MATERIALLY OMITS OR  MISREPRESENTS  REQUIRED  INFORMATION  IN  A
 REPORT SUBMITTED PURSUANT TO SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE.
   2.  ACTIONS  FOR  RELIEF  PURSUANT TO THIS ARTICLE SHALL BE PROSECUTED
 EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION BY THE ATTORNEY GENERAL
 IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK OR A CITY CORPORATION
 COUNSEL ON BEHALF OF A LOCALITY UPON THEIR OWN  COMPLAINT  OR  UPON  THE
 COMPLAINT OF A BOARD, OFFICER, PERSON, CORPORATION, OR ASSOCIATION.
   § 1104. APPLICATION.  THIS  ARTICLE  SHALL NOT APPLY TO A SOCIAL MEDIA
 COMPANY THAT GENERATED LESS THAN ONE HUNDRED MILLION  DOLLARS  IN  GROSS
 REVENUE  DURING  THE  PRECEDING  CALENDAR  YEAR  OR TO AN INTERNET-BASED
 SERVICE OR APPLICATION FOR WHICH INTERACTIONS BETWEEN USERS ARE  LIMITED
 TO   DIRECT  MESSAGES,  COMMERCIAL  TRANSACTIONS,  CONSUMER  REVIEWS  OF
 PRODUCTS, SELLERS, SERVICES, EVENTS, OR PLACES, OR ANY COMBINATION THER-
 EOF.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Anonymous

2 years ago

This should also take into consideration streaming sites, like Audible or Netflix. The bill should take them into consideration under the umbrella of "social media" and more clearly indicate them.

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Senate Bill S6686

Sponsored By

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

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2023-S6686 (ACTIVE) - Details

2023-S6686 (ACTIVE) - Summary

2023-S6686 (ACTIVE) - Sponsor Memo

2023-S6686 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Actions

2023-S6686 (ACTIVE) - Details

2023-S6686 (ACTIVE) - Summary

2023-S6686 (ACTIVE) - Sponsor Memo

2023-S6686 (ACTIVE) - Bill Text download pdf

Comments