NY State Senate Bill 2023-S7694

Senate Bill S7694

2023-2024 Legislative Session

Establishes the Stop Addictive Feeds Exploitation (SAFE) for Kids act prohibiting the provision of addictive feeds to minors

download bill text pdf

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to internet and technology
Oct 13, 2023	referred to rules

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2023-S7694 (ACTIVE) - Details

See Assembly Version of this Bill:: A8148
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 45 §§1500 - 1507, Gen Bus L

2023-S7694 (ACTIVE) - Summary

Establishes the Stop Addictive Feeds Exploitation (SAFE) For Kids Act prohibiting the provision of addictive feeds to minors by addictive social media platforms; establishes remedies and penalties.

2023-S7694 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7694

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
Stop Addictive Feeds Exploitation (SAFE) for Kids act prohibiting the
provision of an addictive feed to a minor

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to protect the mental health of children
from addictive feeds used by social media platforms, and from disrupted
sleep due to night-time use of social media.

 
SUMMARY OF PROVISIONS:

This bill would prohibit social media platforms from providing an addic-
tive feed to children younger than 18 without parental consent and
prohibits social media platforms from withholding non-addictive feed
products or services where that consent is not obtained.

This bill would also require that social media platforms obtain parental
consent before permitting notifications from such platform to children
between 12:00 AM and 6:00 AM and to create an option to opt-out of
social media platform access by minors between the hours of 12:00 AM and
6:00 AM as well as a limit on the overall number of hours a minor spends
on a platform.

This bill would authorize both the Attorney General and private parties
to obtain relief, including damages, when social media platforms violate
this law.

 
JUSTIFICATION:

Addictive feeds are a relatively new technology used principally by
social media companies. Addictive feeds show users personalized feeds of
media that keep them engaged and viewing longer. They started being used
on social media platforms in 2011, and have become the primary way that
people experience social media. As addictive feeds have proliferated,
companies have developed sophisticated machine learning algorithms that
automatically process data about the behavior of users, including not
just what they formally "like" but tens or hundreds of thousands of data
points such as how long a user spent looking at a particular post. The
machine learning algorithms then make predictions about mood and what is
most likely to keep each of us engaged for as long as possible, creating
a feed tailor-made to keep each of us on the platform at the cost of
everything else.

Addictive feeds have had an increasingly devastating effect on children
and teenagers since their adoption, causing young users to spend more
time on social media which has been tied to significantly higher rates
of youth depression, anxiety, suicidal ideation, and self-harm. Children
are particularly susceptible to addictive feeds, which provide a non-
stop drip of dopamine with each new piece of media, as they are less
capable of exercising the impulse control necessary to mitigate these
negative effects, which can stunt development and cause long-term harm.
Among girls, the association between poor mental health and social media

use is stronger than the associations between poor mental health and
binge drinking, obesity, or hard drug use.

Research shows that spending time on social media is ten times more
dangerous than time spent online on non-social media. Self-regulation by
social media companies has and will not work, because the addictive
feeds are profitable, designed to make users stay on services so that
children can see more ads and the companies can collect more data.

This bill, therefore, prohibits social media companies from providing
children under 18 with addictive feeds, absent parental consent. This
bill will still permit those minors to view non-addictive feeds and any
content available on a social media platform, such as feeds listed in
chronological order, to ensure that children can still obtain all the
core benefits of social media and does not limit social media companies'
ability to moderate in good faith to protect children from harmful or
otherwise objectionable content. To accomplish this, the bill will
require social media companies to use commercially reasonable methods to
determine user age. A flexible regulatory standard for such methods will
incorporate both the size and sophistication of a given social media
company and the generally available technology. Existing New York anti-
discrimination laws and the Attorney General's regulations will ensure
that social media companies provide age verification methods all New
Yorkers can use and will not use age verification methods that rely
solely on biometrics or require government identification that many New
Yorkers do not possess.

Research also shows that social media usage at night is particularly
harmful to children's health. Prohibiting social media platform notifi-
cations to minors between the hours of 12:00 AM and 6:00 AM and provid-
ing an option for minors to opt out of access between those hours will
help to mitigate the harms caused by late night access and the related
loss of sleep.

This ,legislation would make clear that New York's millions of children
do not have to ä subject themselves to the risk of serious mental health
consequences in order to be able to connect with each other and the
world.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

Undetermined but minimal to the State of New York.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after the
effectiveness of rules and regulations promulgated by the office of the
attorney general.

2023-S7694 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7694
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 13, 2023
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend the general business law, in relation to enacting the
   Stop Addictive Feeds Exploitation (SAFE) for Kids act prohibiting  the
   provision of an addictive feed to a minor

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "Stop
 Addictive Feeds Exploitation (SAFE) for Kids act".
   § 2. The general business law is amended by adding a new article 45 to
 read as follows:
                                ARTICLE 45
                             SAFE FOR KIDS ACT
 SECTION 1500. DEFINITIONS.
         1501. PROHIBITION OF ADDICTIVE FEEDS.
         1502. TIME CONTROLS.
         1503. AGE FLAGS.
         1504. NONDISCRIMINATION.
         1505. RULEMAKING AUTHORITY.
         1506. SCOPE.
         1507. REMEDIES.
   §  1500.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADDICTIVE FEED" SHALL  MEAN  A  WEBSITE,  ONLINE  SERVICE,  ONLINE
 APPLICATION,  OR  MOBILE  APPLICATION,  OR  A  PORTION THEREOF, IN WHICH
 MULTIPLE PIECES OF MEDIA GENERATED OR SHARED  BY  USERS  OF  A  WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  EITHER
 CONCURRENTLY OR SEQUENTIALLY, ARE RECOMMENDED, SELECTED, OR  PRIORITIZED
 FOR DISPLAY TO A USER BASED, IN WHOLE OR IN PART, ON INFORMATION ASSOCI-
 ATED  WITH  THE  USER  OR THE USER'S DEVICE, UNLESS ANY OF THE FOLLOWING
 CONDITIONS ARE MET, ALONE OR IN COMBINATION WITH ONE ANOTHER:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11334-09-3

 S. 7694                             2
 
   (A) THE INFORMATION IS NOT PERSISTENTLY ASSOCIATED WITH  THE  USER  OR
 USER'S  DEVICE,  AND  DOES  NOT CONCERN THE USER'S PREVIOUS INTERACTIONS
 WITH MEDIA GENERATED OR SHARED BY OTHERS;
   (B)   THE   INFORMATION  IS  USER-SELECTED  PRIVACY  OR  ACCESSIBILITY
 SETTINGS, TECHNICAL INFORMATION CONCERNING THE USER'S DEVICE, OR  DEVICE
 COMMUNICATIONS OR SIGNALS CONCERNING WHETHER THE USER IS A MINOR;
   (C)  THE USER EXPRESSLY AND UNAMBIGUOUSLY REQUESTED THE SPECIFIC MEDIA
 OR MEDIA BY THE AUTHOR, CREATOR, OR POSTER OF THE MEDIA,  PROVIDED  THAT
 THE  MEDIA  IS  NOT  RECOMMENDED,  SELECTED,  OR PRIORITIZED FOR DISPLAY
 BASED, IN WHOLE OR IN PART, ON OTHER  INFORMATION  ASSOCIATED  WITH  THE
 USER  OR  THE USER'S DEVICE THAT IS NOT OTHERWISE PERMISSIBLE UNDER THIS
 SUBDIVISION;
   (D) THE MEDIA ARE DIRECT, PRIVATE COMMUNICATIONS; OR
   (E) THE MEDIA RECOMMENDED, SELECTED, OR  PRIORITIZED  FOR  DISPLAY  IS
 EXCLUSIVELY  THE  NEXT  MEDIA  IN  A PRE-EXISTING SEQUENCE FROM THE SAME
 AUTHOR, CREATOR, POSTER, OR SOURCE.
   2. "ADDICTIVE SOCIAL MEDIA PLATFORM"  SHALL  MEAN  A  WEBSITE,  ONLINE
 SERVICE,  ONLINE  APPLICATION,  OR  MOBILE  APPLICATION,  THAT OFFERS OR
 PROVIDES USERS AN ADDICTIVE FEED THAT IS NOT INCIDENTAL TO THE PROVISION
 OF SUCH WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE  APPLICA-
 TION.
   3.  "COVERED  MINOR"  SHALL  MEAN A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK WHEN THE  OPERATOR
 HAS ACTUAL KNOWLEDGE THE USER IS A MINOR.
   4.  "COVERED  USER"  SHALL  MEAN  A USER OF A WEBSITE, ONLINE SERVICE,
 ONLINE APPLICATION, OR MOBILE APPLICATION IN NEW YORK.
   5. "MEDIA" SHALL MEAN TEXT, AN IMAGE, OR A VIDEO.
   6. "MINOR" SHALL MEAN AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN.
   7. "OPERATOR" SHALL MEAN ANY PERSON WHO OPERATES OR PROVIDES A WEBSITE
 ON THE INTERNET, AN ONLINE SERVICE, AN ONLINE APPLICATION, OR  A  MOBILE
 APPLICATION.
   8. "PARENT" SHALL MEAN PARENT OR LEGAL GUARDIAN.
   9. "USER" SHALL MEAN A PERSON NOT ACTING AS AN AGENT OF AN OPERATOR.
   §  1501.  PROHIBITION  OF ADDICTIVE FEEDS. 1. IT SHALL BE UNLAWFUL FOR
 THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO PROVIDE AN  ADDIC-
 TIVE FEED TO A COVERED USER UNLESS:
   (A) THE OPERATOR HAS USED COMMERCIALLY REASONABLE METHODS TO DETERMINE
 THAT THE COVERED USER IS NOT A COVERED MINOR; OR
   (B)  THE  OPERATOR HAS OBTAINED VERIFIABLE PARENTAL CONSENT TO PROVIDE
 AN ADDICTIVE FEED TO THE COVERED USER.
   2. INFORMATION COLLECTED FOR THE  PURPOSE  OF  DETERMINING  A  COVERED
 USER'S  AGE UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
 NOT BE USED FOR ANY PURPOSE OTHER THAN AGE DETERMINATION.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE  OPERA-
 TOR  OF  AN  ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE A PARENT WHO GRANTS
 VERIFIABLE PARENTAL CONSENT ANY  ADDITIONAL  OR  SPECIAL  ACCESS  TO  OR
 CONTROL OVER THE DATA OR ACCOUNTS OF THEIR CHILD.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING ANY ACTION
 TAKEN  IN GOOD FAITH TO RESTRICT ACCESS TO OR AVAILABILITY OF MEDIA THAT
 THE OPERATOR OF AN ADDICTIVE  SOCIAL  MEDIA  PLATFORM  CONSIDERS  TO  BE
 OBSCENE,  LEWD,  LASCIVIOUS,  FILTHY, EXCESSIVELY VIOLENT, HARASSING, OR
 OTHERWISE OBJECTIONABLE, WHETHER  OR  NOT  SUCH  MATERIAL  IS  CONSTITU-
 TIONALLY PROTECTED.
   §  1502. TIME CONTROLS. 1. IT SHALL BE UNLAWFUL FOR THE OPERATOR OF AN
 ADDICTIVE SOCIAL MEDIA PLATFORM TO, BETWEEN THE HOURS OF 12  AM  EASTERN
 AND  6  AM  EASTERN,  SEND  NOTIFICATIONS CONCERNING AN ADDICTIVE SOCIAL
 S. 7694                             3
 
 MEDIA PLATFORM TO A COVERED MINOR UNLESS THE OPERATOR HAS OBTAINED VERI-
 FIABLE PARENTAL CONSENT TO SEND SUCH NIGHTTIME NOTIFICATIONS.
   2.  THE OPERATOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM SHALL PROVIDE A
 MECHANISM THROUGH WHICH THE VERIFIED PARENT OF A COVERED MINOR MAY:
   (A) PREVENT THEIR CHILD FROM  ACCESSING  THE  ADDICTIVE  SOCIAL  MEDIA
 PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6 AM EASTERN; AND
   (B) LIMIT THEIR CHILD'S ACCESS TO THE ADDICTIVE SOCIAL  MEDIA PLATFORM
 TO A LENGTH OF TIME PER DAY SPECIFIED BY THE VERIFIED PARENT.
   3.  NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE OPERA-
 TOR OF AN ADDICTIVE SOCIAL MEDIA PLATFORM TO GIVE  A  PARENT  ANY  ADDI-
 TIONAL  OR  SPECIAL  ACCESS  TO  OR CONTROL OVER THE DATA OR ACCOUNTS OF
 THEIR CHILD.
   § 1503. AGE FLAGS. FOR THE PURPOSES OF THIS ARTICLE, THE  OPERATOR  OF
 AN ADDICTIVE SOCIAL MEDIAL PLATFORM SHALL TREAT A USER AS A MINOR IF THE
 USER'S  DEVICE  COMMUNICATES  OR  SIGNALS  THAT  THE USER IS OR SHALL BE
 TREATED AS A MINOR, INCLUDING  THROUGH  A  BROWSER  PLUG-IN  OR  PRIVACY
 SETTING, DEVICE SETTING, OR OTHER MECHANISM.
   §  1504.  NONDISCRIMINATION.  AN OPERATOR OF AN ADDICTIVE SOCIAL MEDIA
 PLATFORM SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUALITY, OR INCREASE THE
 PRICE OF ANY PRODUCT, SERVICE, OR FEATURE, OTHER  THAN  AS  REQUIRED  BY
 THIS  ARTICLE, TO A COVERED USER DUE TO THE OPERATOR NOT BEING PERMITTED
 TO PROVIDE AN ADDICTIVE FEED TO SUCH COVERED USER UNDER SUBDIVISION  ONE
 OF SECTION FIFTEEN HUNDRED ONE OF THIS ARTICLE OR NOT BEING PERMITTED TO
 PROVIDE  SUCH COVERED USER ACCESS TO OR SEND NOTIFICATIONS CONCERNING AN
 ADDICTIVE SOCIAL MEDIA PLATFORM BETWEEN THE HOURS OF 12 AM EASTERN AND 6
 AM EASTERN UNDER SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE.
   § 1505. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE  THE
 PROVISIONS OF THIS ARTICLE.
   §  1506.  SCOPE. 1. THIS ARTICLE SHALL APPLY TO CONDUCT THAT OCCURS IN
 WHOLE OR IN PART IN NEW YORK. FOR  PURPOSES  OF  THIS  ARTICLE,  CONDUCT
 TAKES  PLACE  WHOLLY  OUTSIDE  OF NEW YORK IF THE ADDICTIVE SOCIAL MEDIA
 PLATFORM IS ACCESSED BY A USER WHO IS PHYSICALLY LOCATED OUTSIDE OF  NEW
 YORK.
   2.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO IMPOSE LIABILITY FOR
 COMMERCIAL ACTIVITIES OR ACTIONS BY OPERATORS SUBJECT  TO  15  U.S.C.  §
 6501  THAT  IS  INCONSISTENT  WITH  THE  TREATMENT OF SUCH ACTIVITIES OR
 ACTIONS UNDER 15 U.S.C. § 6502.
   § 1507. REMEDIES. 1. WHENEVER IT  APPEARS  TO  THE  ATTORNEY  GENERAL,
 EITHER  UPON  COMPLAINT OR OTHERWISE, THAT ANY PERSON, WITHIN OR OUTSIDE
 THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF  THE  ACTS  OR
 PRACTICES  STATED  TO  BE UNLAWFUL IN THIS ARTICLE, THE ATTORNEY GENERAL
 MAY BRING AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON  BEHALF  OF
 THE  PEOPLE  OF  THE  STATE  OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS
 ARTICLE, TO OBTAIN  RESTITUTION  OF  ANY  MONEYS  OR  PROPERTY  OBTAINED
 DIRECTLY  OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT OF
 ANY PROFITS OR  GAINS  OBTAINED  DIRECTLY  OR  INDIRECTLY  BY  ANY  SUCH
 VIOLATION,  INCLUDING  BUT  NOT LIMITED TO THE DESTRUCTION OF UNLAWFULLY
 OBTAINED DATA AND ALGORITHMS TRAINED ON SUCH  DATA,  TO  OBTAIN  DAMAGES
 CAUSED  DIRECTLY  OR  INDIRECTLY  BY ANY SUCH VIOLATION, TO OBTAIN CIVIL
 PENALTIES OF UP TO FIVE THOUSAND DOLLARS PER VIOLATION,  AND  TO  OBTAIN
 ANY  SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUD-
 ING PRELIMINARY RELIEF.
   2. ANY COVERED USER, OR THE PARENT OF A COVERED  MINOR  MAY  BRING  AN
 ACTION FOR A VIOLATION OF SECTION FIFTEEN HUNDRED ONE OR SECTION FIFTEEN
 HUNDRED TWO OF THIS ARTICLE, TO OBTAIN:
 S. 7694                             4
 
   (A)  DAMAGES OF UP TO FIVE THOUSAND DOLLARS PER COVERED USER PER INCI-
 DENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER;
   (B) INJUNCTIVE OR DECLARATORY RELIEF; AND/OR
   (C) ANY OTHER RELIEF THE COURT DEEMS PROPER.
   3. ACTIONS BROUGHT PURSUANT TO THIS SECTION MAY BE BROUGHT ON A CLASS-
 WIDE BASIS.
   4.  THE  COURT  SHALL AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING
 PLAINTIFF.
   5. PRIOR TO BRINGING ANY ACTION FOR A  VIOLATION  OF  SECTION  FIFTEEN
 HUNDRED ONE OR FIFTEEN HUNDRED TWO OF THIS ARTICLE, A COVERED USER SHALL
 PROVIDE THE BUSINESS THIRTY DAYS' WRITTEN NOTICE IDENTIFYING THE SPECIF-
 IC  PROVISIONS OF THIS ARTICLE THE COVERED USER ALLEGES HAVE BEEN OR ARE
 BEING VIOLATED. IN THE EVENT A CURE IS POSSIBLE, IF  WITHIN  THE  THIRTY
 DAYS  THE  BUSINESS CURES THE NOTICED VIOLATION AND PROVIDES THE COVERED
 USER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS  HAVE  BEEN  CURED
 AND  THAT  NO  FURTHER  VIOLATIONS SHALL OCCUR, NO ACTION FOR INDIVIDUAL
 STATUTORY DAMAGES OR  CLASS-WIDE  STATUTORY  DAMAGES  MAY  BE  INITIATED
 AGAINST THE BUSINESS. NO NOTICE SHALL BE REQUIRED PRIOR TO AN INDIVIDUAL
 CONSUMER  INITIATING  AN  ACTION  SOLELY  FOR  ACTUAL  PECUNIARY DAMAGES
 SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF  THIS  ARTICLE.  IF  A
 BUSINESS CONTINUES TO VIOLATE THIS ARTICLE IN BREACH OF AN EXPRESS WRIT-
 TEN STATEMENT PROVIDED TO THE COVERED USER PURSUANT TO THIS SECTION, THE
 COVERED  USER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE
 WRITTEN STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR  EACH  BREACH  OF
 THE  EXPRESS  WRITTEN  STATEMENT,  AS WELL AS ANY OTHER VIOLATION OF THE
 ARTICLE THAT POSTDATES THE WRITTEN STATEMENT.
   § 3. Severability.  If any clause, sentence,  paragraph,  subdivision,
 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 judgment 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.
   § 4. This act shall take effect on the one hundred eightieth day after
 the  office  of  the  attorney  general shall promulgate rules and regu-
 lations necessary to effectuate the provisions  of  this  act;  provided
 that  the  office  of  the attorney general shall notify the legislative
 bill drafting commission upon the occurrence of  the  enactment  of  the
 rules   and  regulations    necessary  to  effectuate  and  enforce  the
 provisions of section two of this act in order that the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  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.

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