S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8893
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 10, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  device-level
   age assurance
 
   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 article
 45-A to read as follows:
                               ARTICLE 45-A
                        DEVICE-LEVEL AGE ASSURANCE
 
 SECTION 1509. DEFINITIONS.
         1510. AGE ASSURANCE REQUIRED.
         1511. NONDISCRIMINATION.
         1512. RULEMAKING AUTHORITY.
         1513. SCOPE.
         1514. ENFORCEMENT.
   § 1509. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "APPLICATION  PROGRAMMING  INTERFACE" OR "API" SHALL MEAN A SYSTEM
 THAT ALLOWS TWO OR MORE SOFTWARE SYSTEMS  TO  COMMUNICATE  AND  EXCHANGE
 INFORMATION, FEATURES, AND FUNCTIONALITY.
   2.  "APPLICATION STORE" SHALL MEAN A PUBLICLY AVAILABLE WEBSITE, SOFT-
 WARE APPLICATION, OR ONLINE SERVICE THAT DISTRIBUTES THIRD  PARTY  PLAT-
 FORMS' SOFTWARE APPLICATIONS TO AN INTERNET-ENABLED DEVICE.
   3. "COVERED MANUFACTURER" SHALL MEAN A MANUFACTURER OF AN INTERNET-EN-
 ABLED DEVICE, AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE.
   4. "COVERED MINOR" SHALL MEAN A USER OF AN INTERNET-ENABLED DEVICE WHO
 A  COVERED  MANUFACTURER  HAS  DETERMINED  VIA  ONE OR MORE COMMERCIALLY
 REASONABLE AGE ASSURANCE METHODS TO BE UNDER THE AGE OF EIGHTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13065-02-5
 A. 8893                             2
              

 
   5. "INTERNET-ENABLED DEVICE"  SHALL  MEAN  AND  INCLUDE  ANY  DESKTOP,
 LAPTOP, SMARTPHONE, TABLET, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE
 INTERNET  AND  ENABLING  THE  USER  TO  ACCESS  CONTENT ON THE INTERNET,
 INCLUDING A SOCIAL MEDIA PLATFORM.
   6.  "OPERATING SYSTEM" SHALL MEAN THE SYSTEM SOFTWARE THAT MANAGES THE
 HARDWARE OF AN INTERNET-ENABLED DEVICE AND ALLOWS PROGRAMS AND  APPLICA-
 TIONS TO RUN ON SUCH DEVICE.
   7.  "OPERATING  SYSTEM  PROVIDER"  SHALL MEAN ANY PERSON, PARTNERSHIP,
 ASSOCIATION, FIRM, BUSINESS, OR OTHER LEGAL ENTITY, OR ANY MEMBER THERE-
 OF, WHO DEVELOPS,  DISTRIBUTES,  AND/OR  MAINTAINS  AN  INTERNET-ENABLED
 DEVICE'S  OPERATING  SYSTEM,  INCLUDING  BUT  NOT LIMITED TO THE DESIGN,
 PROGRAMMING,  OR  SUPPLY  OF  OPERATING  SYSTEMS  FOR   INTERNET-ENABLED
 DEVICES.
   8.  "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
 SION FIVE OF SECTION ELEVEN HUNDRED OF THIS CHAPTER.
   § 1510. AGE ASSURANCE REQUIRED. 1. UPON ACTIVATION OF AN INTERNET-ENA-
 BLED DEVICE, A COVERED MANUFACTURER SHALL CONDUCT  COMMERCIALLY  REASON-
 ABLE  AGE  ASSURANCE TO DETERMINE WHETHER A USER IS A COVERED MINOR. THE
 ATTORNEY GENERAL SHALL PROMULGATE REGULATIONS  IDENTIFYING  METHODS  FOR
 COMMERCIALLY  REASONABLE  AND  TECHNICALLY FEASIBLE AGE ASSURANCE, WHICH
 SHALL CONSIDER THE SIZE, FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES
 OF COVERED MANUFACTURERS, THE COSTS AND EFFECTIVENESS OF  AVAILABLE  AGE
 ASSURANCE  TECHNIQUES  FOR USERS OF INTERNET-ENABLED DEVICES, AND PREVA-
 LENT PRACTICES OF THE INDUSTRY  OF  COVERED  MANUFACTURERS.  SUCH  REGU-
 LATIONS  SHALL  ALSO  IDENTIFY  THE  APPROPRIATE LEVELS OF ACCURACY THAT
 WOULD BE CONSIDERED COMMERCIALLY REASONABLE AND TECHNICALLY FEASIBLE FOR
 OPERATORS TO ACHIEVE IN DETERMINING WHETHER A USER IS A  COVERED  MINOR,
 PROVIDED, HOWEVER, THAT USER SELF-REPORTING OF AGE TO A COVERED MANUFAC-
 TURER WITH NO OTHER SUPPORTING EVIDENCE SHALL NOT BE AN ACCEPTABLE METH-
 OD  OF  AGE  ASSURANCE UNDER THIS SECTION. ANY INFORMATION COLLECTED FOR
 THE PURPOSE OF THE AGE ASSURANCE  REQUIREMENT  UNDER  THIS  SUBPARAGRAPH
 SHALL  BE  DELETED  IMMEDIATELY AFTER AN ATTEMPT TO DETERMINE A PERSON'S
 AGE, EXCEPT WHERE NECESSARY FOR APPLICABLE PROVISIONS OF STATE OR FEDER-
 AL LAW OR REGULATION.
   2. AFTER DETERMINING THAT A USER IS A COVERED MINOR UNDER  SUBDIVISION
 ONE  OF THIS SECTION, A COVERED MANUFACTURER SHALL PROVIDE ALL WEBSITES,
 ONLINE SERVICES, ONLINE APPLICATIONS, MOBILE APPLICATIONS,  OR  PORTIONS
 THEREOF  ON SUCH USER'S INTERNET-ENABLED DEVICE AND/OR APPLICATION STORE
 MANUFACTURED BY THE COVERED MANUFACTURER WITH A DIGITAL SIGNAL THAT SUCH
 USER IS A COVERED MINOR VIA A REAL-TIME APPLICATION  PROGRAMMING  INTER-
 FACE (API).
   3.  A COVERED MANUFACTURER SHALL ENSURE THAT, FOR ANY INTERNET-ENABLED
 DEVICES SOLD AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE  REQUIREMENTS
 OF  THIS  SECTION  ARE  INCLUDED IN ANY OPERATING SYSTEM AND APPLICATION
 STORE UPDATES BY DEFAULT AFTER SUCH EFFECTIVE DATE.
   § 1511. NONDISCRIMINATION. 1. A COVERED MANUFACTURER SHALL  IMPOSE  AT
 LEAST  THE SAME RESTRICTIONS AND OBLIGATIONS ON ITS OWN WEBSITES, APPLI-
 CATIONS, AND ONLINE SERVICES AS IT IMPOSES  ON  THE  WEBSITES,  APPLICA-
 TIONS, AND ONLINE SERVICES OF THIRD PARTIES.
   2. A COVERED MANUFACTURER SHALL NOT WITHHOLD, DEGRADE, LOWER THE QUAL-
 ITY, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR FEATURE TO A USER
 DUE  TO  THE  PROVISIONS  OF  THIS  ARTICLE, OTHER THAN AS NECESSARY FOR
 COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   3. A COVERED MANUFACTURER SHALL DELETE ALL INFORMATION  COLLECTED  FOR
 THE  PURPOSES  OF SECTION FIFTEEN HUNDRED TEN OF THIS ARTICLE AFTER SUCH
 PURPOSE HAS BEEN ACHIEVED.
 A. 8893                             3
 
   § 1512. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  SHALL  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  1513.  SCOPE.  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 WHEN AN INTERNET-ENABLED DEVICE,
 AN OPERATING SYSTEM PROVIDER, OR AN APPLICATION STORE IS ACCESSED  BY  A
 USER WHO IS PHYSICALLY LOCATED OUTSIDE OF NEW YORK.
   §  1514.  ENFORCEMENT. 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,  TO  OBTAIN DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY ANY
 SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES OF UP TO TEN THOUSAND  DOLLARS
 PER  VIOLATION,  AND  TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE
 COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
   2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROVIDING  THE  BASIS
 FOR,  OR  BE SUBJECT TO, A PRIVATE RIGHT OF ACTION TO VIOLATIONS OF THIS
 ARTICLE OR UNDER ANY OTHER LAW.
   3. A COVERED MANUFACTURER SHALL NOT BE SUBJECT TO THE LIABILITY  UNDER
 THIS  ARTICLE  IF  SUCH  MANUFACTURER  HAS TAKEN COMMERCIALLY REASONABLE
 STEPS TO ESTIMATE THE AGE OF ITS USERS AS PROVIDED  IN  SECTION  FIFTEEN
 HUNDRED TEN OF THIS ARTICLE.
   4.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS,  INFORMATION,  OR  REFERRALS  FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  A COVERED MANUFACTURER'S ALLEGED COMPLIANCE OR NONCOMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE.
   § 2. 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.
   §  3. This act shall take effect one year 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.