A. 8963--A 2
2. (A) "SOCIAL GRAPH" MEANS:
(I) A COVERED USER'S SOCIAL CONNECTIONS WITH SECONDARY USERS;
(II) CONTENT CREATED BY A COVERED USER;
(III) THE COVERED USER'S RESPONSES TO SECONDARY USERS' CONTENT,
INCLUDING COMMENTS, REACTIONS, MENTIONS, REPORTS, SHARES, AND OTHER
ENGAGEMENTS;
(IV) SECONDARY USERS' RESPONSES TO THE COVERED USER'S CONTENT;
(V) METADATA FOR SUBPARAGRAPHS (I), (II), (III), AND (IV) OF THIS
PARAGRAPH; AND
(VI) RELATIONAL REFERENCES SUFFICIENT TO MAINTAIN THE ASSOCIATIONS
AMONG DATA ELEMENTS DESCRIBED IN SUBPARAGRAPHS (I), (II), (III), AND
(IV) OF THIS PARAGRAPH.
(B) "SOCIAL GRAPH" DOES NOT INCLUDE A SECONDARY USER'S CONTENT AND
RESPONSES THAT HAVE BEEN DESIGNATED PRIVATE BY SUCH SECONDARY USER,
INCLUDING PRIVATE MESSAGES.
3. "CONTENT" HAS THE SAME MEANING AS IN SECTION ELEVEN HUNDRED OF THIS
CHAPTER.
4. "SOCIAL MEDIA COMPANY" HAS THE SAME MEANING AS IN SECTION ELEVEN
HUNDRED OF THIS CHAPTER.
5. "SOCIAL MEDIA PLATFORM" HAS THE SAME MEANING AS IN SECTION ELEVEN
HUNDRED OF THIS CHAPTER.
6. "COVERED USER" HAS THE SAME MEANING AS IN SECTION FIFTEEN HUNDRED
OF THIS CHAPTER.
7. "SECONDARY USER" MEANS A USER OF A WEBSITE, ONLINE SERVICE, ONLINE
APPLICATION, OR MOBILE APPLICATION THAT IS DEVELOPED, DEPLOYED, OR OPER-
ATING IN WHOLE OR IN PART IN THE STATE AND THAT IS NOT ACTING AS AN
OPERATOR, OR AGENT OR AFFILIATE OF AN OPERATOR, OF SUCH WEBSITE, ONLINE
SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION, OR ANY PORTION THER-
EOF, IRRESPECTIVE OF SUCH USER'S PHYSICAL LOCATION.
8. "DATA PORTABILITY" MEANS THE ABILITY OF COVERED USERS OF SOCIAL
MEDIA PLATFORMS TO RETAIN EXISTING SOCIAL GRAPHS WITHOUT IMPAIRMENT OF
QUALITY, RELIABILITY, OR CONVENIENCE WHEN SUCH INFORMATION IS TRANS-
FERRED FROM ONE SOCIAL MEDIA PLATFORM OR THIRD PARTY TO ANOTHER.
§ 1802. PORTABILITY. 1. IF A COVERED USER REQUESTS A COPY OF SUCH
COVERED USER'S SOCIAL GRAPH UNDER THIS ARTICLE, A SOCIAL MEDIA COMPANY
SHALL, WITHIN FIVE BUSINESS DAYS, PROVIDE THE SOCIAL GRAPH OR USER-SE-
LECTED PARTS OF THE SOCIAL GRAPH, IN A FORMAT THAT:
(A) ALLOWS FOR DATA PORTABILITY, TO THE EXTENT TECHNICALLY FEASIBLE;
(B) IS READILY VIEWABLE BY THE COVERED USER; AND
(C) ALLOWS THE COVERED USER TO TRANSMIT THE DATA TO ANOTHER SOCIAL
MEDIA PLATFORM OR THIRD PARTY WITHOUT IMPEDIMENT IF THE SOCIAL MEDIA
PLATFORM OR THIRD PARTY PROCESSES THE DATA BY AUTOMATED MEANS.
2. A SOCIAL MEDIA COMPANY SHALL ADOPT AN ACCESSIBLE, PROMINENT, AND
PERSISTENT METHOD FOR COVERED USERS TO REQUEST THEIR SOCIAL GRAPH DATA.
§ 1803. INTEROPERABILITY. 1. A SOCIAL MEDIA COMPANY SHALL IMPLEMENT A
TRANSPARENT, THIRD-PARTY-ACCESSIBLE INTEROPERABILITY INTERFACE OR INTER-
FACES TO ALLOW COVERED USERS TO CHOOSE TO:
(A) SHARE A COVERED USER'S SOCIAL GRAPH OR USER-SELECTED PARTS OF THE
SOCIAL GRAPH BETWEEN THE SOCIAL MEDIA PLATFORMS DESIGNATED BY THE
COVERED USER; AND
(B) ENABLE THIRD PARTIES TO ACCESS SOCIAL GRAPH DATA CREATED BY THE
COVERED USER AND TO BE NOTIFIED WHEN NEW OR UPDATED SOCIAL GRAPH DATA IS
AVAILABLE, WITH THE COVERED USER'S PERMISSION.
2. TO ACHIEVE INTEROPERABILITY UNDER SUBDIVISION ONE OF THIS SECTION,
A SOCIAL MEDIA COMPANY SHALL:
(A) UTILIZE AN OPEN PROTOCOL;
A. 8963--A 3
(B) FACILITATE AND MAINTAIN INTEROPERABILITY AND CONTINUOUS, REAL-TIME
DATA SHARING WITH OTHER SOCIAL MEDIA PLATFORMS THROUGH AN INTEROPERABI-
LITY INTERFACE, BASED ON REASONABLE TERMS THAT DO NOT DISCRIMINATE
BETWEEN SOCIAL MEDIA PLATFORMS;
(C) ESTABLISH REASONABLE AND PROPORTIONATE THRESHOLDS RELATED TO THE
FREQUENCY, NATURE, AND VOLUME OF REQUESTS, BEYOND WHICH THE SOCIAL MEDIA
COMPANY MAY ASSESS A FAIR, REASONABLE, AND NON-DISCRIMINATORY FEE FOR
SUCH ACCESS; AND
(D) MAKE AVAILABLE TO OTHER SOCIAL MEDIA COMPANIES A FUNCTIONALLY
EQUIVALENT VERSION OF ANY INTERNAL INTEROPERABILITY INTERFACES CREATED
BY THE SOCIAL MEDIA COMPANY FOR THE SOCIAL MEDIA COMPANY'S OWN SOCIAL
MEDIA PLATFORMS; AND
(E) DISCLOSE TO OTHER SOCIAL MEDIA COMPANIES COMPLETE, ACCURATE, AND
REGULARLY UPDATED DOCUMENTATION DESCRIBING ACCESS TO THE INTEROPERABI-
LITY INTERFACE REQUIRED UNDER THIS SECTION.
3. A SOCIAL MEDIA COMPANY OR THIRD PARTY THAT ACCESSES AN INTEROPER-
ABILITY INTERFACE SHALL TAKE REASONABLE STEPS TO MEET PLATFORM INTEGRITY
STANDARDS, INCLUDING DATA SECURITY, DATA PRIVACY, AND ABUSE-MITIGATION
PRACTICES NECESSARY TO PRESERVE USER PROTECTIONS AND SECURE ANY DATA
SUCH COMPANY OR THIRD PARTY ACQUIRES, PROCESSES, OR TRANSMITS.
4. A SOCIAL MEDIA COMPANY OR THIRD PARTY MAY NOT SHARE OR RECEIVE A
COVERED USER'S SOCIAL GRAPH THROUGH THE INTEROPERABILITY INTERFACE,
EXCEPT WITH THE COVERED USER'S CONSENT.
5. A SOCIAL MEDIA COMPANY SHALL ADOPT AN ACCESSIBLE, PROMINENT, AND
PERSISTENT METHOD FOR COVERED USERS TO GIVE CONSENT FOR DATA SHARING
WITH OTHER SOCIAL MEDIA PLATFORMS OR THIRD PARTIES THROUGH THE INTEROP-
ERABILITY INTERFACE AND SHALL IMPLEMENT SUCH USER'S INSTRUCTIONS WITHIN
FIVE BUSINESS DAYS OF RECEIPT OF SUCH REQUEST.
6. A SOCIAL MEDIA COMPANY IS NOT REQUIRED TO:
(A) PROVIDE ACCESS TO:
(I) INFERENCES, ANALYSES, OR DERIVED DATA THAT THE SOCIAL MEDIA COMPA-
NY HAS GENERATED INTERNALLY ABOUT A USER; OR
(II) PROPRIETARY ALGORITHMS, RANKING SYSTEMS, OR OTHER INTERNAL OPER-
ATING MECHANISMS; OR
(B) TRANSMIT DATA THAT MEETS ALL OF THE FOLLOWING CRITERIA:
(I) SUCH DATA IS STORED OR STRUCTURED IN A PROPRIETARY FORMAT;
(II) NO OPEN, INDUSTRY-STANDARD FORMAT IS REASONABLY AVAILABLE; AND
(III) TRANSMITTING THE DATA WOULD DISCLOSE INFORMATION DESCRIBED IN
PARAGRAPH (A) OF THIS SUBDIVISION.
7. A SOCIAL MEDIA COMPANY SHALL GIVE SECONDARY USERS AN OPPORTUNITY TO
OPT OUT, THROUGH A PROMINENT NOTIFICATION AT THE TIME OF A REQUEST, BY A
COVERED USER, OF TRANSFERAL OF SUCH SECONDARY USER'S PUBLIC DATA FROM
ONE SOCIAL MEDIA PLATFORM OR THIRD PARTY TO ANOTHER.
§ 1804. DATA RIGHTS. UPON SPECIFIC REQUEST FROM A COVERED USER, A
SOCIAL MEDIA COMPANY SHALL ALLOW SUCH COVERED USER TO DELETE THE DATA IN
SUCH COVERED USER'S SOCIAL GRAPH, AS WELL AS ANY DATA THAT HAS BEEN
DESIGNATED PRIVATE BY SUCH COVERED USER.
§ 1805. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO IDENTIFY OPEN PROTOCOLS THAT
SATISFY THE REQUIREMENTS OF THIS ARTICLE.
§ 1806. ENFORCEMENT BY ATTORNEY GENERAL. IN ADDITION TO ANY OTHER
REMEDIES PROVIDED BY LAW, WHENEVER THERE SHALL BE A VIOLATION OF THIS
ARTICLE, APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF
THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURIS-
DICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE
TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
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CONTINUANCE OF SUCH VIOLATIONS. IF IT SHALL APPEAR TO THE SATISFACTION
OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE ENJOINING
AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES. WHENEVER THE COURT
SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE HUNDRED DOLLARS
FOR EACH VIOLATION.
§ 1807. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR,
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION, OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN MADE.
§ 2. This act shall take effect on the ninetieth day 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.