(B) IS NOT OWNED OR CONTROLLED BY A COMPANY FORMED IN A FOREIGN COUN-
TRY, A GOVERNMENT OF A FOREIGN COUNTRY, OR ANY OTHER ENTITY FORMED IN A
FOREIGN COUNTRY.
3. "DAILY ACTIVE USERS" MEANS THE NUMBER OF UNIQUE USERS IN THE UNITED
STATES WHO USED THE SOCIAL MEDIA PLATFORM AT LEAST EIGHTY PERCENT OF THE
DAYS DURING THE PREVIOUS TWELVE MONTHS, OR, IF THE SOCIAL MEDIA PLATFORM
DID NOT EXIST DURING THE ENTIRETY OF THE PREVIOUS TWELVE MONTHS, THE
NUMBER OF UNIQUE USERS IN THE UNITED STATES WHO USED THE SOCIAL MEDIA
PLATFORM AT LEAST EIGHTY PERCENT OF THE DAYS DURING THE PREVIOUS MONTH.
4. "DISTRIBUTE" MEANS TO ISSUE, SELL, GIVE, PROVIDE, DELIVER, TRANS-
FER, TRANSMIT, CIRCULATE, OR DISSEMINATE BY ANY MEANS.
5. "MATERIAL HARMFUL TO MINORS" MEANS ANY MATERIAL THAT:
(A) THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY STANDARDS WOULD
FIND, TAKEN AS A WHOLE, APPEALS TO THE PRURIENT INTEREST;
(B) DEPICTS OR DESCRIBES, IN A PATENTLY OFFENSIVE WAY, SEXUAL CONDUCT;
AND
(C) WHEN TAKEN AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC, POLI-
TICAL, OR SCIENTIFIC VALUE FOR MINORS.
6. "NEWS-GATHERING ORGANIZATION" MEANS ANY OF THE FOLLOWING:
(A) A NEWSPAPER, NEWS PUBLICATION, OR NEWS SOURCE, PRINTED OR
PUBLISHED ONLINE OR ON A MOBILE PLATFORM, ENGAGED IN REPORTING CURRENT
NEWS AND MATTERS OF PUBLIC INTEREST, AND AN EMPLOYEE THEREOF WHO CAN
PROVIDE DOCUMENTATION OF SUCH EMPLOYMENT.
(B) A RADIO BROADCAST STATION, TELEVISION BROADCAST STATION, CABLE
TELEVISION OPERATOR, OR WIRE SERVICE, AND AN EMPLOYEE THEREOF WHO CAN
PROVIDE DOCUMENTATION OF SUCH EMPLOYMENT.
7. "PUBLISH" MEANS TO COMMUNICATE OR MAKE INFORMATION AVAILABLE TO
ANOTHER PERSON OR ENTITY ON A PUBLICLY AVAILABLE WEBSITE OR APPLICATION.
8. "RESIDENT" MEANS A PERSON WHO LIVES IN THIS STATE FOR MORE THAN SIX
MONTHS OF THE PREVIOUS TWELVE MONTHS.
9. "STANDARD AGE VERIFICATION" MEANS ANY COMMERCIALLY REASONABLE METH-
OD OF AGE VERIFICATION APPROVED BY THE COMMERCIAL ENTITY.
10. "SOCIAL MEDIA PLATFORM" MEANS AN ONLINE FORUM, WEBSITE, OR APPLI-
CATION THAT:
(A) ALLOWS USERS TO UPLOAD CONTENT OR VIEW THE CONTENT OR ACTIVITY OF
OTHER USERS;
(B) TEN PERCENT OR MORE OF THE DAILY ACTIVE USERS WHO ARE YOUNGER THAN
SIXTEEN YEARS OF AGE SPEND ON AVERAGE TWO HOURS OR MORE PER DAY ON THE
ONLINE FORUM, WEBSITE, OR APPLICATION ON THE DAYS WHEN USING THE ONLINE
FORUM, WEBSITE, OR APPLICATION DURING THE PREVIOUS TWELVE MONTHS OR, IF
THE ONLINE FORUM, WEBSITE, OR APPLICATION DID NOT EXIST DURING THE
PREVIOUS TWELVE MONTHS, DURING THE PREVIOUS MONTH;
(C) EMPLOYS ALGORITHMS THAT ANALYZE USER DATA OR INFORMATION ON USERS
TO SELECT CONTENT FOR USERS; AND
(D) HAS ANY OF THE FOLLOWING ADDICTIVE FEATURES:
(I) INFINITE SCROLLING, INCLUDING, BUT NOT LIMITED TO:
(A) CONTINUOUSLY LOADING CONTENT, OR CONTENT THAT LOADS AS THE USER
SCROLLS DOWN THE PAGE WITHOUT THE NEED TO OPEN A SEPARATE PAGE; OR
(B) SEAMLESS CONTENT, OR THE USE OF PAGES WITH NO VISIBLE OR APPARENT
END OR PAGE BREAKS;
(II) PUSH NOTIFICATIONS OR ALERTS SENT BY THE ONLINE FORUM, WEBSITE,
OR APPLICATION TO INFORM A USER ABOUT SPECIFIC ACTIVITIES OR EVENTS
RELATED TO THE USER'S ACCOUNT;
(III) DISPLAYS PERSONAL INTERACTIVE METRICS THAT INDICATE THE NUMBER
OF TIMES OTHER USERS HAVE CLICKED A BUTTON TO INDICATE THEIR REACTION TO
CONTENT OR HAVE SHARED OR REPOSTED THE CONTENT;
A. 9415 3
(IV) AUTO-PLAY VIDEO OR VIDEO THAT BEGINS TO PLAY WITHOUT THE USER
FIRST CLICKING ON THE VIDEO OR ON A PLAY BUTTON FOR THAT VIDEO; OR
(V) LIVE-STREAMING OR A FUNCTION THAT ALLOWS A USER OR ADVERTISER TO
BROADCAST LIVE VIDEO CONTENT IN REAL-TIME.
THE TERM "SOCIAL MEDIA PLATFORM" SHALL NOT INCLUDE AN ONLINE SERVICE,
WEBSITE, OR APPLICATION WHERE THE EXCLUSIVE FUNCTION IS EMAIL OR DIRECT
MESSAGING CONSISTING OF TEXT, PHOTOGRAPHS, PICTURES, IMAGES, OR VIDEOS
SHARED ONLY BETWEEN THE SENDER AND THE RECIPIENTS, WITHOUT DISPLAYING OR
POSTING PUBLICLY OR TO OTHER USERS NOT SPECIFICALLY IDENTIFIED AS THE
RECIPIENTS BY THE SENDER.
11. "SUBSTANTIAL PORTION" MEANS MORE THAN ONE-THIRD OF TOTAL MATERIAL
ON A WEBSITE OR APPLICATION.
12. "YEARS OF AGE" MEANS:
(A) THE ACTUAL VERIFIED YEARS OF AGE OF THE PERSON; OR
(B) THE LIKELY YEARS OF AGE OF THE PERSON WHICH THE SOCIAL MEDIA PLAT-
FORM TREATS OR CATEGORIZES THE PERSON AS FOR PURPOSES OF TARGETING
CONTENT OR ADVERTISING.
§ 1511. MINORS AS SOCIAL MEDIA PLATFORM ACCOUNT HOLDERS. 1. (A) SOCIAL
MEDIA PLATFORMS SHALL PROHIBIT MINORS WHO ARE YOUNGER THAN FOURTEEN
YEARS OF AGE FROM ENTERING INTO A CONTRACT WITH SUCH SOCIAL MEDIA PLAT-
FORM TO BECOME ACCOUNT HOLDERS.
(B) SOCIAL MEDIA PLATFORMS SHALL:
(I) TERMINATE ANY ACCOUNT HELD BY AN ACCOUNT HOLDER YOUNGER THAN FOUR-
TEEN YEARS OF AGE AND PROVIDE NINETY DAYS FOR AN ACCOUNT HOLDER TO
DISPUTE SUCH TERMINATION. IF THE ACCOUNT HOLDER FAILS TO EFFECTIVELY
DISPUTE THE TERMINATION, THE TERMINATION SHALL BE EFFECTIVE UPON THE
EXPIRATION OF SUCH NINETY DAY PERIOD.
(II) ALLOW AN ACCOUNT HOLDER YOUNGER THAN FOURTEEN YEARS OF AGE TO
EASILY REQUEST TO TERMINATE THE ACCOUNT. SUCH ACCOUNT SHALL BE TERMI-
NATED WITHIN FIVE BUSINESS DAYS OF SUCH REQUEST.
(III) ALLOW A CONFIRMED PARENT OR GUARDIAN OF AN ACCOUNT HOLDER YOUNG-
ER THAN FOURTEEN YEARS OF AGE TO REQUEST THAT THE MINOR'S ACCOUNT BE
TERMINATED. SUCH ACCOUNT SHALL BE TERMINATED WITHIN TEN BUSINESS DAYS OF
SUCH REQUEST.
(IV) PERMANENTLY DELETE ALL PERSONAL INFORMATION HELD BY THE SOCIAL
MEDIA PLATFORM RELATING TO ANY SUCH TERMINATED ACCOUNT, UNLESS THERE ARE
LEGAL REQUIREMENTS TO MAINTAIN SUCH INFORMATION.
2. (A) SOCIAL MEDIA PLATFORMS SHALL PROHIBIT MINORS WHO ARE FOURTEEN
OR FIFTEEN YEARS OF AGE FROM ENTERING INTO A CONTRACT WITH SUCH SOCIAL
MEDIA PLATFORM TO BECOME AN ACCOUNT HOLDER, UNLESS SUCH MINOR'S PARENT
OR GUARDIAN PROVIDES CONSENT FOR SUCH MINOR TO BECOME AN ACCOUNT HOLDER.
(B) A SOCIAL MEDIA PLATFORM SHALL:
(I) TERMINATE ANY ACCOUNT HELD BY AN ACCOUNT HOLDER WHO IS FOURTEEN OR
FIFTEEN YEARS OF AGE IF THE ACCOUNT HOLDER'S PARENT OR GUARDIAN HAS NOT
PROVIDED CONSENT FOR THE MINOR TO CREATE OR MAINTAIN THE ACCOUNT AND
PROVIDE NINETY DAYS FOR AN ACCOUNT HOLDER TO DISPUTE SUCH TERMINATION.
IF THE ACCOUNT HOLDER FAILS TO EFFECTIVELY DISPUTE THE TERMINATION, THE
TERMINATION SHALL BE EFFECTIVE UPON THE EXPIRATION OF SUCH NINETY DAY
PERIOD.
(II) ALLOW AN ACCOUNT HOLDER WHO IS FOURTEEN OR FIFTEEN YEARS OF AGE
TO REQUEST TO TERMINATE THE ACCOUNT. SUCH ACCOUNT SHALL BE TERMINATED
WITHIN FIVE BUSINESS DAYS OF SUCH REQUEST.
(III) ALLOW A CONFIRMED PARENT OR GUARDIAN OF AN ACCOUNT HOLDER WHO IS
FOURTEEN OR FIFTEEN YEARS OF AGE TO REQUEST THAT THE MINOR'S ACCOUNT BE
TERMINATED. SUCH ACCOUNT SHALL BE TERMINATED WITHIN TEN BUSINESS DAYS OF
SUCH REQUEST.
A. 9415 4
(IV) PERMANENTLY DELETE ALL PERSONAL INFORMATION HELD BY THE SOCIAL
MEDIA PLATFORM RELATING TO THE TERMINATED ACCOUNT, UNLESS THERE ARE
LEGAL REQUIREMENTS TO MAINTAIN SUCH INFORMATION.
3. IF A COURT OF COMPETENT JURISDICTION DETERMINES SUBDIVISION TWO OF
THIS SECTION TO BE UNCONSTITUTIONAL OR OTHERWISE UNENFORCEABLE, SUBDIVI-
SION ONE OF THIS SECTION SHALL APPLY TO MINORS UNDER THE AGE OF SIXTEEN
INSTEAD OF JUST MINORS UNDER THE AGE OF FOURTEEN.
4. THE ATTORNEY GENERAL SHALL MAINTAIN A WEBSITE TO RECEIVE
COMPLAINTS, INFORMATION OR REFERRALS FROM MEMBERS OF THE PUBLIC CONCERN-
ING A SOCIAL MEDIA PLATFORM'S ALLEGED COMPLIANCE OR NON-COMPLIANCE WITH
THE PROVISIONS OF THIS ARTICLE.
§ 1512. CONTENT HARMFUL TO MINORS. 1. NO PERSON OR ENTITY SHALL KNOW-
INGLY AND INTENTIONALLY PUBLISH OR DISTRIBUTE MATERIAL HARMFUL TO MINORS
ON A WEBSITE OR APPLICATION WITHOUT USING EITHER ANONYMOUS AGE VERIFICA-
TION OR STANDARD AGE VERIFICATION TO VERIFY THAT THE AGE OF A PERSON
ATTEMPTING TO ACCESS THE MATERIAL IS EIGHTEEN YEARS OF AGE OR OLDER AND
PREVENT ACCESS TO SUCH MATERIAL BY A PERSON YOUNGER THAN EIGHTEEN YEARS
OF AGE. SUCH PERSON OR ENTITY SHALL OFFER ANONYMOUS AGE VERIFICATION
AND STANDARD AGE VERIFICATION, AND A PERSON ATTEMPTING TO ACCESS THE
MATERIAL MAY SELECT WHICH METHOD WILL BE USED TO VERIFY THEIR AGE.
2. THIS SECTION SHALL NOT APPLY TO BONA FIDE NEWS OR PUBLIC INTEREST
BROADCAST, WEBSITE VIDEO, REPORT, OR EVENT AND DOES NOT AFFECT THE
RIGHTS OF A NEWS-GATHERING ORGANIZATION.
3. THIS SECTION SHALL NOT APPLY TO INTERNET SERVICE PROVIDERS, SEARCH
ENGINES, CLOUD SERVICE PROVIDERS, OR THEIR AFFILIATES OR SUBSIDIARIES
SOLELY FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A WEBSITE OR OTHER
INFORMATION OR CONTENT ON THE INTERNET OR A FACILITY, SYSTEM, OR NETWORK
NOT UNDER THE PROVIDER'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING,
INTERMEDIATE STORAGE, OR ACCESS SOFTWARE, TO THE EXTENT THE PROVIDER IS
NOT RESPONSIBLE FOR THE CREATION OF THE CONTENT OF THE COMMUNICATION
WHICH CONSTITUTES MATERIAL HARMFUL TO MINORS.
§ 1513. AGE VERIFICATION. ANY PERSON OR ENTITY CONDUCTING VERIFICATION
PURSUANT TO THIS ARTICLE:
(A) SHALL NOT RETAIN PERSONAL IDENTIFYING INFORMATION USED TO VERIFY
AGE ONCE THE AGE OF AN ACCOUNT HOLDER OR A PERSON SEEKING AN ACCOUNT HAS
BEEN VERIFIED.
(B) SHALL NOT USE PERSONAL IDENTIFYING INFORMATION USED TO VERIFY AGE
FOR ANY OTHER PURPOSE.
(C) SHALL KEEP ANONYMOUS ANY PERSONAL IDENTIFYING INFORMATION USED TO
VERIFY AGE. SUCH INFORMATION SHALL NOT BE SHARED OR OTHERWISE COMMUNI-
CATED TO ANY PERSON.
(D) SHALL PROTECT PERSONAL IDENTIFYING INFORMATION USED TO VERIFY AGE
FROM UNAUTHORIZED OR ILLEGAL ACCESS, DESTRUCTION, USE, MODIFICATION, OR
DISCLOSURE THROUGH REASONABLE SECURITY PROCEDURES AND PRACTICES APPRO-
PRIATE TO THE NATURE OF THE PERSONAL INFORMATION.
§ 1514. ENFORCEMENT. 1. (A) NO EARLIER THAN ONE HUNDRED EIGHTY DAYS
AFTER THE EFFECTIVE DATE OF THIS ARTICLE, WHENEVER IT APPEARS TO THE
ATTORNEY GENERAL, EITHER UPON COMPLAINT OR OTHERWISE, THAT ANY PERSON OR
ENTITY, WITHIN OR OUTSIDE THE STATE, HAS KNOWINGLY OR RECKLESSLY 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 RESTITU-
TION 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
A. 9415 5
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 FIFTY THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH
OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIM-
INARY RELIEF. WHERE THE PERSON OR ENTITY'S ACTIONS DEMONSTRATE A PATTERN
OF KNOWING AND RECKLESS CONDUCT IN VIOLATION OF THIS ARTICLE, PUNITIVE
DAMAGES MAY BE ASSESSED AGAINST THE PERSON OR ENTITY.
(B) NO EARLIER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE
OF THIS ARTICLE, A CIVIL ACTION MAY BE BROUGHT BY A MINOR ACCOUNT HOLDER
AGAINST A PERSON OR ENTITY, WITHIN OR OUTSIDE THE STATE, WHICH HAS KNOW-
INGLY OR RECKLESSLY ENGAGED IN ANY OF THE ACTS OR PRACTICES STATED TO BE
UNLAWFUL IN 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 INDIRECT-
LY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL PENALTIES OF UP TO TEN THOU-
SAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY SUCH OTHER AND FURTHER
RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF. WHERE
THE PERSON OR ENTITY'S ACTIONS DEMONSTRATE A PATTERN OF KNOWING AND
RECKLESS CONDUCT IN VIOLATION OF THIS ARTICLE, PUNITIVE DAMAGES MAY BE
ASSESSED AGAINST THE PERSON OR ENTITY. ANY ACTION BROUGHT UNDER THIS
PARAGRAPH SHALL BE BROUGHT ON BEHALF OF A MINOR ACCOUNT HOLDER.
2. A CIVIL ACTION FOR A CLAIM UNDER THIS SUBDIVISION SHALL BE BROUGHT
WITHIN ONE YEAR FROM THE DATE THE COMPLAINANT KNEW, OR REASONABLY SHOULD
HAVE KNOWN, OF THE ALLEGED VIOLATION. THIS SECTION DOES NOT PRECLUDE ANY
OTHER AVAILABLE REMEDY AT LAW OR EQUITY.
3. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE
VIOLATIONS OF THIS ARTICLE. THE ATTORNEY GENERAL SHALL HAVE AUTHORITY TO
ISSUE, THROUGH THE ATTORNEY GENERAL, SUBPOENAS FOR THE ATTENDANCE OF
WITNESSES BEFORE THE COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION
SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES. ALL INFORMATION
COLLECTED AND HELD BY THE ATTORNEY GENERAL PURSUANT TO AN INVESTIGATION
UNDER THIS ARTICLE SHALL BE DEEMED CONFIDENTIAL AND SHALL NOT BE SUBJECT
TO PUBLIC DISCLOSURE UNDER THE FREEDOM OF INFORMATION LAW OR ANY OTHER
LAW WHICH REQUIRES PUBLIC DISCLOSURE OF RECORDS MAINTAINED BY A GOVERN-
MENTAL AGENCY.
4. THE ATTORNEY GENERAL SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO EFFECTUATE AND ENFORCE THE PROVISIONS OF THIS ARTICLE.
§ 2. This act shall take effect immediately.