NY State Senate Bill 2025-S4609

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2026	print number 4609a
Jan 09, 2026	amend (t) and recommit to internet and technology
Jan 07, 2026	referred to internet and technology
Feb 10, 2025	referred to internet and technology

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2025-S4609 - Details

See Assembly Version of this Bill:: A6549
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 45-A §§1509 - 1516, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S9953

2025-S4609 - Summary

Establishes the "stop online predators act"; requires operators of covered platforms to conduct age verification to determine whether a user is a covered minor; requires operators of covered platforms to utilize certain default privacy settings for covered minors; requires operators of covered platforms to require parental approval of certain activity related to a covered minor's covered platform account.

2025-S4609 - Sponsor Memo

                                 
BILL NUMBER: S4609

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing
the New York children's online safety act

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the exploSive growth of child predators on certain digital
platforms by defaulting to certain privacy and security settings for
child users

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the New York Childrens Online Safety
Act (NYCOSA).

Section two of this bill creates a new Article 45-A in General Business
Law (GBL) to mandate certain privacy settings by default for child users
under the age of 18. The mandate would apply to all social media plat-

forms covered under NYCOSA, defined as digital platforms which host
user-generated content, allow users to construct a public or semi-public
profile, and allow users to directly message each other as a significant
part of the provision of such platform.  The New York State Attorney
General would be empowered to further define scope in regulations
promulgated pursuant to this act, just as they are already doing for
similar statutes such as the SAFE for Kids Act (Article 45 of GBL).

All social media platforms under NYCOSA would be required to turn off
open chat functions, which allow adults to instantly and privately
communicate with child users whether or not they know such child or have
been previously connected. Unconnected users would also be barred from
viewing the profile of a child user, tagging them in a post, or sending
them digital currency. Parents would be able to override these default
privacy settings and switch to a different setting, however, if they so
choose. Parents would also be notified when a child user attempts to
change these settings on their own, at which point the parent would be
able to either approve or deny the change.

These contact settings would notably not apply to connections which a
parent and/or child has previously approved by accepting a friend
request. For all child users under the age of 13, parents would have to
approve incoming friend requests and would also be able to view the list
of their child's current friends. For child users 13 and over, the child
themself can approve friend requests and the parent is not granted this
visibility.

For all users under the age of 18, parents would also be required to
approve all financial transactions related to their child's account.
Social media platforms must set up a mechanism by which a parent can
view financial transactions of a child user's account at any time.

Social media operators would be required to undergo commercially reason-
able age verification to determine which of their users is a minor
covered by the provisions of the bill, which many social media platforms
are already required to conduct under Article 45 of GBL as well as vari-
ous laws in other countries and states (Sakasegawa, J.  (2024, August
29). The state of age verification in social media: an overview. Perso-
na.  https://withpersona.com/blog/age-verification-in-social-media).

Operators would be barred from deploying dark patterns, defined as any
mechanism or design on a platform which intentionally inhibits user
choice and/or autonomy, in order to prevent any user or their parent
from exercising their rights under this article. One example of a dark
pattern in the context of the New York Children's Online Safety Act
might be a mechanism that technically allows parents to view their
under-13 child's connected accounts and financial transactions but is so
difficult to access that it is essentially useless.

Operators would not be able to induce parents to change the required
privacy settings in this bill by, for example, degrading the quality or
increasing the price of the platform. Enforcement against violations of
the bill would be vested in the New York State Attorney General, who
would be empowered to pursue damages of $5,000 per violation.

Section three of this bill is a severability clause.

Section four of this bill sets the effective date.

 
JUSTIFICATION:

Child safety experts estimate that there are approximately 500,000
online predators active on any given day. According to the FBI, over 50%
of the victims of online sexploitation are between the ages of 12 and
15, and an estimated 89% of sexual advances occur in Internet chatrooms
or through instant messaging (Kraut, M. E. (2024). Children and Grooming
/ Online Predators | Child Crime Prevention & Safety Center. Childsafe-
ty.losangelescriminallawyer.pro; Child Crime Prevention & Safety
Center). Fifty-eight percent of parents report being concerned about
online predation, yet only seven percent of the targets of such behavior
were aware that their children had received inappropriate content from
an adult. Forty percent of children in grades four through eight report
chatting online with a stranger, and Internet use amongst three to four-
year-olds has doubled within the last five years (Lazic, M. (2023, May
19). How Many Predators are Online Each Day? (Online Predators Statis-
tics). Legaljobs.io).

Virtual platforms like Facebook, Instagram, Snapchat, TikTok, X, and
Roblox, where adult users can collect vast troves of information about
child users and lure them into private chats within minutes, have become
veritable hunting grounds for pedophiles in the modern era. Over 80% of
child sex crimes can be traced back to social media, and reports of
online child exploitation surged by a staggering 106% in the early days
of the COVID-19 lockdown when many households moved online ((Lazic, M.
(2023, May 19). How Many Predators are Online Each Day? (Online Preda-
tors Statistics). Legaljobs.io). Many platforms have thus taken the
responsible step of creating certain "privacy by default" settings for
users under a certain age, meaning that the strictest possible privacy
settings are applied without manual input.  Such settings limit which
types of adult users can message and tag underage accounts.

Despite these efforts, however, critical gaps in the online safety net
remain: platforms turn a blind eye to the millions of underage users who
lie about their age to create an account, bolstered by the 26-year-old
federal Children's Online Privacy and Protection Act (COPPA) which only
holds them liable if they have "actual knowledge" that a user is under
the age of 13 - a high legal bar which is virtually impossible to clear
in court. The Federal Trade Commission (FTC) openly admits that there is
nothing in COPPA to prevent users from lying about their age, assuring
companies that they need only establish a date-of-birth portal for users
to self-report age - despite such portals' notorious unreliability
(Federal Trade Commission. (2020, July 20). Complying with COPPA:
Frequently asked questions. Federal Trade Commission.).

Furthermore, even where a platform does know a user's age, not all have
chosen to deploy privacy by default for minors' accounts. The popular
gaming app Roblox, for example, the subject of several sweeping press
investigations, boasts an open chat function wherein a gamer of any age
can post anything they want in a game chat and privately message other
users. Highly contentious amongst child safety experts, Roblox's open
chat leaves it "to parents to activate child safety features such as
restricting what categories of people their kids can talk to, or which
games they can play. If parents don't, children can introduce themselves
to any stranger in a game, chat for hours and accept requests to
converse in private messages."  (Carville, O., & D'Anastasio, C. (2024,
July 22). Roblox Is Fighting to Keep Pedophiles Away and Not Always
Winning. Bloomberg.com.). In November 2023, Roblox announced it would be
launching a new feature, Roblox Connect, that enables users as young as
13 to initiate avatar voice calls, complete with facial motion tracking
technology, with any other user despite 13-year-olds being the prime
target demographic for online predators (Hatmaker, T. (2023, September
8).  Roblox is launching avatar-based voice calls with facial motion
tracking | TechCrunch. TechCrunch.). Roblox Connect was immediately
panned by the National Center on Sexual Exploitation, which pointed out
that such voice chats are one of the primary methods by which online
predators groom their victims, establishing emotional connections via an
impossible-to-monitor medium with the intent of gaining their trust.

Features such as open chat and Roblox Connect have not escaped the
attention of the Internet's least savory characters: in 2023, Roblox
reported 13,316 instances of child exploitation to the National Center
for Missing & Exploited Children and responded to 1,300 requests for
information from law enforcement (Carville, O., & D'Anastasio, C. (2024,
July 22). Roblox Is Fighting to Keep Pedophiles Away and Not Always
Winning. Bloomberg.com.). With little to no barrier to entry (Roblox
allows users to sign up without emails or parental permission), child
users on the platform can find games revolving around sex and virtual
"strip clubs" within minutes (Roblox: A Mainstream Contributor to Sexual
Exploitation. (n.d.).  National Center on Sexual Exploitation.
https://endsexualexploitation.org/roblox/). An October 2024 study by the
investment research firm Hindenburg Research LLC found that researchers
were unable to create a test account with the name "Jeffrey Epstein" as
it, along with more than 900 variations, was already taken. ("Roblox:
Inflated Key Metrics for Wall Street and a Pedophile Hellscape for Kids
- Hindenburg Research."  Hindenburgresearch.com, 8 Oct. 2024, hindenbur-
gresearch.com/roblox/).  Usernames were also taken for anther notorious
child abuser, Earl Brian Bradley, who was indicted on 471 charges of
molesting, raping, and exploiting 103 children, and researchers were
able to access games like "Escape to Epstein Island" and over 600 games
involving the term "Diddy" (i.e. "Run From Diddy Simulator," "Diddy
Party") within minutes, despite having registered as a child under the
age of 13. Roblox's pedophile problem is so severe, in fact, that a
short seller in 2023 was able to drop the company's share price eight
percent simply by publishing a blog post aggregating all of the arrests
linked to the site.

This bill, known as the New York Childrens Online Safety Act (NYCOSA),
requires social media and gaming platforms that feature user-to-user
messaging to undertake several common sense steps to better protect kids
online. Firstly, it requires them to turn off open chat functions by
default for any user under the age of 18, unless a parent switches them
back on. Adult users can only message child users if their friend
request has been previously accepted - which, for users under the age of
13, will require parental approval.  Parents would also be required to
approve financial transactions connected to a minor's account, as the
exchange of digital forms of currency, such as Roblox's "Robux," has
featured prominently in nearly every case of sexual assault and abuse
connected to the app.  Parents would also be able to view a list of
recent financial transactions connected to an account and, for users
under the age of 13, a list of current friends. This would not only
assist parents in being able to identify and report early stages of
predatory behavior, but would also deter future sexploitation from pred-
ators who know that their interactions with their next child victim will
be closely watched. Violations of NYCOSA would be enforced by the Office
of the Attorney General, which is well-equipped to investigate allega-
tions of misconduct through its Bureau of Internet and Technology. The
remedy created by NYCOSA is the same prescribed by the Federal Trade
Commission in its 2022 settlement against Epic Games, Inc., the creator
of video game Fortnite, which similarly found that Fortnite's live
on-by-default text and voice communications had put children and teens
at serious risk (United States of America v. Epic Games, Inc. 16 Dec.
2022,
www.ftc.gov/system/files/ftc_gov/pdf/2223087EpicGamesSettlement.pdf.  p.
17.).

In mandating common sense measures to protect child safety, many of
which have already been adopted by the world's leading social media
platforms, this bill would send a clear message that New York has zero
tolerance for platforms that prioritize daily active user count at the
expense of kids' safety. It is the least we can do to ensure safer
digital spaces for the most vulnerable among us.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after the
office of the attorney general shall promulgate rules and regulations
necessary to effectuate the provisions of this act.

2025-S4609 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4609
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN  ACT  to  amend the general business law, in relation to establishing
   the New York children's online safety act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York children's online safety act".
   § 2. The general business law is amended by adding a new article  45-A
 to read as follows:
                               ARTICLE 45-A
                   NEW YORK CHILDREN'S ONLINE SAFETY ACT
 SECTION 1509. DEFINITIONS.
         1510. PRIVACY BY DEFAULT.
         1511. PARENTAL APPROVALS.
         1512. PROHIBITION ON DARK PATTERNS.
         1513. NONDISCRIMINATION.
         1514. SCOPE.
         1515. RULEMAKING AUTHORITY.
         1516. REMEDIES.
   § 1509. DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT A COVERED  MINOR
 AND/OR  SUCH COVERED MINOR'S PARENT HAS PREVIOUSLY APPROVED A CONNECTION
 WITH ANOTHER USER SUCH THAT SUCH OTHER USER MAY  PRIVATELY  CONTACT  THE
 COVERED MINOR.
   2.  "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN OPERA-
 TOR, VIA ONE OR MORE COMMERCIALLY REASONABLE AGE  VERIFICATION  METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07773-02-5
 S. 4609                             2

   3.  "FINANCIAL  TRANSACTION"  SHALL  MEAN  A TRANSACTION BETWEEN USERS
 INVOLVING ANY TYPE OF CURRENCY, INCLUDING VIRTUAL CURRENCY USED WITHIN A
 COVERED PLATFORM WHETHER OR NOT IT CAN BE CONVERTED TO FIAT MONEY.
   4.  "OPERATOR"  SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   5. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
   6. "COVERED PLATFORM" SHALL MEAN  A  PUBLIC  OR  SEMI-PUBLIC  WEBSITE,
 ONLINE  SERVICE,  ONLINE  APPLICATION, OR MOBILE APPLICATION THAT (A) IS
 USED BY A COVERED MINOR IN THIS STATE, (B) ALLOWS USERS TO  CONSTRUCT  A
 PUBLIC  OR  SEMI-PUBLIC  PROFILE FOR THE PURPOSES OF USING SUCH WEBSITE,
 SERVICE, OR APPLICATION, (C) ALLOWS USERS TO CREATE OR POST CONTENT THAT
 IS 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, AND (D)  ALLOWS
 USERS  TO  PRIVATELY  MESSAGE  EACH  OTHER  AS A SIGNIFICANT PART OF THE
 PROVISION OF SUCH WEBSITE, SERVICE, OR APPLICATION.
   7. "TAG" SHALL MEAN WHEN A USER IDENTIFIES A  SECOND  USER  IN  POSTED
 CONTENT IN A MANNER THAT LINKS TO THE SECOND USER'S PROFILE.
   8.  "USER"  SHALL  MEAN  A  USER OF A COVERED PLATFORM IN NEW YORK NOT
 ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR,  OF  SUCH
 PLATFORM OR ANY PORTION THEREOF.
   § 1510. PRIVACY BY DEFAULT. 1. NO OPERATOR SHALL OFFER A COVERED PLAT-
 FORM  IN  THIS  STATE  WITHOUT  CONDUCTING  COMMERCIALLY  REASONABLE AGE
 VERIFICATION TO DETERMINE WHETHER A USER IS A COVERED MINOR. THE  ATTOR-
 NEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING METHODS FOR COMMER-
 CIALLY REASONABLE AND TECHNICALLY FEASIBLE AGE VERIFICATION, WHICH SHALL
 CONSIDER  THE  SIZE,  FINANCIAL RESOURCES, AND TECHNICAL CAPABILITIES OF
 COVERED PLATFORMS, THE COSTS AND EFFECTIVENESS OF AVAILABLE AGE DETERMI-
 NATION TECHNIQUES FOR USERS OF SUCH  PLATFORMS,  THE  AUDIENCE  OF  SUCH
 PLATFORMS, AND PREVALENT PRACTICES OF THE INDUSTRY OF THE OPERATOR. SUCH
 REGULATIONS  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.
   2. FOR ALL  USERS  DETERMINED  UNDER  A  COMMERCIALLY  REASONABLE  AGE
 VERIFICATION  METHOD BY AN OPERATOR TO BE A COVERED MINOR, SUCH OPERATOR
 SHALL UTILIZE THE FOLLOWING SETTINGS  BY  DEFAULT  FOR  COVERED  MINORS,
 WHICH  SHALL  ENSURE  THAT  NO  USER  WHO  IS NOT ALREADY CONNECTED TO A
 COVERED MINOR MAY:
   (A) COMMUNICATE DIRECTLY AND PRIVATELY WITH SUCH MINOR;
   (B) VIEW THE PROFILE OF SUCH MINOR;
   (C) TAG SUCH MINOR IN POSTED CONTENT; AND/OR
   (D) ENGAGE IN A FINANCIAL TRANSACTION WITH SUCH MINOR.
   3. A PARENT OF A  COVERED  MINOR  MAY  OVERRIDE  THE  DEFAULT  PRIVACY
 SETTINGS  PROVIDED  IN  SUBDIVISION TWO OF THIS SECTION AT SUCH PARENT'S
 DISCRETION.
   4. AN OPERATOR SHALL NOTIFY A PARENT OF A COVERED MINOR WHENEVER  SUCH
 COVERED MINOR ATTEMPTS TO CHANGE THE DEFAULT SETTINGS PROVIDED IN SUBDI-
 VISION  TWO  OF THIS SECTION. THE PARENT MAY THEN EITHER APPROVE OR DENY
 THE REQUEST TO CHANGE THE SETTINGS FOR SUCH MINOR.
   § 1511. PARENTAL APPROVALS.  1.  FOR  ALL  USERS  DETERMINED  UNDER  A
 COMMERCIALLY  REASONABLE  AGE VERIFICATION METHOD BY AN OPERATOR TO BE A
 COVERED MINOR UNDER THE AGE OF THIRTEEN, SUCH OPERATOR SHALL REQUIRE THE
 PARENT OF SUCH COVERED MINOR TO APPROVE ALL NEW  CONNECTIONS  WITH  SUCH
 COVERED MINOR BEFORE SUCH COVERED MINOR'S AND SUCH OTHER USER'S ACCOUNTS
 MAY  BE  CONNECTED.    FOR  COVERED MINORS UNDER THE AGE OF THIRTEEN, AN
 OPERATOR SHALL ALSO ESTABLISH A MECHANISM BY  WHICH  A  PARENT  OF  SUCH
 S. 4609                             3
 
 MINOR MAY EASILY VIEW THE LIST OF ALL USERS CURRENTLY CONNECTED WITH THE
 ACCOUNT OF THE MINOR.
   2.  FOR  ALL  USERS  DETERMINED  UNDER  A  COMMERCIALLY REASONABLE AGE
 VERIFICATION METHOD BY AN OPERATOR TO BE A COVERED MINOR, SUCH  OPERATOR
 SHALL REQUIRE A PARENT TO APPROVE ALL FINANCIAL TRANSACTIONS RELATING TO
 SUCH  COVERED  MINOR'S  ACCOUNT. SUCH OPERATOR SHALL FURTHER ESTABLISH A
 MECHANISM BY WHICH A PARENT OF A COVERED MINOR MAY EASILY VIEW A HISTORY
 OF ALL FINANCIAL TRANSACTIONS RELATING TO SUCH COVERED  MINOR'S  ACCOUNT
 AT ANY TIME.
   §  1512.  PROHIBITION  ON  DARK  PATTERNS.  IT SHALL BE UNLAWFUL FOR A
 COVERED PLATFORM TO DEPLOY ANY MECHANISM OR DESIGN  WHICH  INTENTIONALLY
 INHIBITS THE PURPOSE OF THIS ARTICLE, SUBVERTS USER AND/OR PARENT CHOICE
 OR  AUTONOMY,  OR  RENDERS IT MORE DIFFICULT FOR A USER AND/OR PARENT TO
 EXERCISE ANY OF THE PRESCRIBED RIGHTS AND/OR PRIVILEGES PROVIDED IN THIS
 ARTICLE.
   § 1513. NONDISCRIMINATION. AN OPERATOR SHALL  NOT  WITHHOLD,  DEGRADE,
 LOWER  THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE, OR
 FEATURE OF A COVERED PLATFORM, OTHER THAN AS  NECESSARY  FOR  COMPLIANCE
 WITH  THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS PROMUL-
 GATED PURSUANT TO THIS ARTICLE, TO A USER DUE  TO  SUCH  OPERATOR  BEING
 REQUIRED  TO  ESTABLISH  THE SETTINGS AND APPROVALS PROVIDED IN SECTIONS
 FIFTEEN HUNDRED TEN AND FIFTEEN HUNDRED ELEVEN OF THIS ARTICLE.
   § 1514. 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  COVERED  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.
   § 1515. RULEMAKING AUTHORITY. THE ATTORNEY  GENERAL  SHALL  PROMULGATE
 SUCH  RULES  AND  REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 1516. REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF  THIS  ARTICLE,
 WHENEVER  IT  APPEARS  TO THE ATTORNEY GENERAL, UPON COMPLAINT OR OTHER-
 WISE, THAT ANY PERSON, WITHIN OR OUTSIDE THE  STATE,  HAS  VIOLATED  THE
 PROVISIONS  OF 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 SUCH VIOLATION, 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, 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, INCLUDING PRELIM-
 INARY RELIEF.
   2.   THE   ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE  TO  RECEIVE
 COMPLAINTS, INFORMATION, AND/OR REFERRALS FROM  MEMBERS  OF  THE  PUBLIC
 CONCERNING  AN  OPERATOR'S  OR  COVERED PLATFORM'S ALLEGED COMPLIANCE OR
 NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 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
 S. 4609                             4
 
 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.

co-Sponsors

View additional co-sponsors

2025-S4609A (ACTIVE) - Details

See Assembly Version of this Bill:: A6549
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add Art 45-A §§1509 - 1516, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S9953

2025-S4609A (ACTIVE) - Summary

2025-S4609A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4609A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the general business law, in relation to establishing
the stop online predators act

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent the explosive growth of child predators on certain digital
platforms by defaulting to certain privacy and security settings for
child users

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the Stop Online Predators Act (SOPA).

Section two of this bill creates a new Article 45-A in General Business
Law (GBL) to mandate certain privacy settings by default for child users
under the age of 18. The mandate would apply to all social media plat-
forms covered under SOPA, defined as digital platforms which host user-

generated content, allow users to construct a public or semi-public
profile, and allow users to directly message each other as a significant
part of the provision of the service. The New York State Attorney Gener-
al would be empowered to further define scope in regulations promulgated
pursuant to this act, just as they are already doing for similar stat-
utes such as the SAFE for Kids Act (Article 45 of GBL).

All social media platforms under NYCOSA would be required to turn off
open chat functions, which allow users to instantly and privately commu-
nicate with child users whether or not they know such child or have been
previously connected. Unconnected users would also be barred from view-
ing the full profile of a child user, tagging them in a post, viewing
the minor's posted geographic location, or sending them digital curren-
cy. Minor's accounts would also not be able to be suggested to other
unknown users outside of the context of the minor having synced their
preexisting contacts with the platform. Nothing would prevent a user
from searching for a child user at any time and submitting a friend
request, however.

Parents would be able to override these default privacy settings and
switch to a different setting if they so choose. Parents would also be
notified when a child user attempts to change their privacy settings to
something less protective than the default, and, if the minor is under
the age of sixteen, parental approval for the less protective setting
would be required.

These contact settings would notably not apply to connections which a
parent and/or child has previously approved by accepting a friend
request. For all child users under the age of 13, parents would have to
approve incoming friend requests and would also be able to view the list
of their child's current friends. For child users 13 and over, the child
themself can approve friend requests and the parent is not granted this
visibility.

Finally, for all users under the age of 18, parents would also be
required to approve all financial transactions on their child's account
which pertain to other users. Platforms must set up a mechanism by which
a parent can view financial transactions pertaining to other users on a
child user's account at any time.

This bill prescribes the minimum standard for privacy settings, with
apps able to implement something more protective if they desire.

Platforms would be required to undergo commercially reasonable age
verification, which many social media platforms are already required to
conduct under Article 45 of GBL as well as various laws in other coun-
tries and states (Sakasegawa, J. (2024, August 29). The state of age
verification in social media: an overview. Persona.
https://withoersona.com/blog/age-verification-in-social-media).

Operators would be barred from deploying dark patterns, defined as any
mechanism or design on a platform which intentionally inhibits user
choice and/or autonomy, in order to prevent any user or their parent
from exercising their rights under this article. One example of a dark
pattern in the context of SOPA might be a mechanism that technically
allows parents to view their under 13 child's connected accounts and
financial transactions but is so difficult to access that it is essen-
tially useless.

Operators would not be able to induce parents to change the required
privacy settings in this bill by, for example, degrading the quality or
increasing the price of the platform. Enforcement against violations of
the bill would be vested in the New York State Attorney General, who
would be empowered to pursue damages of $5,000 per violation.

Section three of this bill is a severability clause.

Section four of this bill sets the effective date.

 
JUSTIFICATION:

Child safety experts estimate that there are approximately 500,000
online predators active on any given day. According to the FBI, over 50%
of the victims of online sexploitation are between the ages of 12 and
15, and an estimated 89% of sexual advances occur in Internet chatrooms
or through instant messaging (Kraut, M. E. (2024). Children and Grooming
/ Online Predators Child Crime Prevention & Safety Center.  Childsafe-
ty.losangelescriminallawyer.pro; Child Crime Prevention & Safety
Center). Fifty-eight percent of parents report being concerned about
online predation, yet only seven percent of the targets of such behavior
were aware that their children had received inappropriate content from
an adult. Forty percent of children in grades four through eight report
chatting online with a stranger, and Internet use amongst three to four-
year-olds has doubled within the last five years (Lazic, M. (2023, May
19). How Many Predators are Online Each Day? (Online Predators Statis-
tics). Legaljobs.io).

Virtual platforms like Facebook, Instagram, Snapchat, TikTok, X, and
Roblox, where adult users can collect vast troves of information about
child users and lure them into private chats within minutes, have become
veritable hunting grounds for pedophiles in the modern era. Over 80% of
child sex crimes can be traced back to social media, and reports of
online child exploitation surged by a staggering 106% in the early days
of the COVID-19 lockdown when many households moved online ((Lazic, M.
(2023, May 19). How Many Predators are Online Each Day? (Online Preda-
tors Statistics). Legaljobsio). Many platforms have thus taken the
responsible step of creating certain "privacy by default" settings for
users under a certain age, meaning that the strictest possible privacy
settings are applied without manual input.  Such settings limit which
types of users can message and tag underage accounts.

Despite these efforts, however, critical gaps in the online safety net
remain: platforms turn a blind eye to the millions of underage users who
lie about their age to create an account, bolstered by the 26-year-old
federal Children's Online Privacy and Protection Act (COPPA) which only
holds them liable if they have "actual knowledge" that a user is under
the age of 13 - a high legal bar which is virtually impossible to clear
in court. The Federal Trade Commission (FTC) openly admits that there is
nothing in COPPA to prevent users from lying about their age, assuring
companies that they need only establish a date-of-birth portal for users
to self-report age - despite such portals' notorious unreliability
(Federal Trade Commission. (2020, July 20). Complying with COPPA:
Frequently asked questions. Federal Trade Commission.).

Furthermore, even where a platform does know a user's age, not all have
chosen to deploy privacy by default for minors' accounts. The popular
gaming app Roblox, for example, the subject of several sweeping press
investigations and state Attorney General actions from at least four
different states, previously boasted an open chat function wherein a
gamer of any age can post anything they want in a game chat and then
privately message other users. Roblox only curtailed the private chats
after a barrage of public criticism, and child safety features remain
inconsistent across apps, with many dependent upon proactive "family
pairing" by the parent and minor - a friction-full process that data
tells us barely any parents bother to undertake (Tenbarge, Kat. "Fewer
than 1% of Parents Use Social Media Tools to Monitor Their Children's
Accounts, Tech Companies Say." NBC News, 29 Mar. 2024,
www.nbcnews.com/tech/social-med
ia/fewer-1-parents-use-social-media-tools-monitor-childrens
-accounts-tech-rcna145592.)

This bill, known as the Stop Online Predators Act (SOPA), requires
social media and gaming platforms that feature user-to-user messaging to
undertake several common sense steps to protect kids online.  Firstly,
it requires them to turn off open chat functions and public profiles by
default for any user under the age of 18. Unconnected accounts would
also not be able to tag minors in content or view their posted geograph-
ic location. While parents and children can override these default
privacy settings, a parent would be required to approve the override if
a child user is attempting to change to a setting that is less protec-
tive than the default and the child is under 16.

Other users can only message child users if their friend request has
been previously accepted - which, for users under the age of 13, will
require parental approval. Parents would also be required to approve
financial transactions connected to a minor's account that pertain to
other users, as the exchange of digital forms of currency, such as
Roblox's "Robux," has featured prominently in nearly every case of sexu-
al assault and abuse connected to the app. Parents would also be able to
view a list of recent financial transactions connected to an account
which pertain to other users and, for users under the age of 13, a list
of current friends. For parents of users between the ages of 13 and 17,
however, the parent would gain no special visibility into the child's
contacts as these privacy settings would simply operate as an "on/off'
toggle.

This bill leverages the effectiveness of default settings to more effec-
tively protect minors online. When Instagram unveiled their Teen
Accounts in 2024, for example, which set under 18 accounts to private by
default and limited certain direct messages and tags, 97% of teens
between the ages of 13 and 15 stayed in these built-in settings ("We're
Introducing New Built-in Restrictions for Instagram Teen Accounts, and
Expanding to Facebook and Messenger I Meta." Meta, 8 Apr.
2025,about.fb.com/news/2025/04/introducing-new-built-in-restrictions-ins
taoram-teen-ac counts-expanding-facebook-messenger/.)

Better privacy settings would not only assist parents in being able to
identify and report early stages of predatory behavior, but would also
deter future sexploitation from predators who know that their inter-
actions with their next child victim will be closely watched.
Violations of this bill would be enforced by the Office of the Attorney
General, which is well-equipped to investigate allegations of misconduct
through its Bureau of Internet and Technology.

The remedy created by SOPA is inspired by the one prescribed by the
Federal Trade Commission in its 2022 settlement against Epic Games,
Inc., the creator of video game Fortnite, which similarly found that
Fortnite's live on-by-default text and voice communications had put
children and teens at serious risk (United States of America v. Epic
Games, Inc. 16 Dec. 2022,
www.ftc.gov/system/files/ftc_gov/pdf/2223087EpicGamesSettlement.pdf.  p.
17.).

In mandating common sense measures to protect child safety, some of
which have already been adopted by the world's leading social platforms,
this bill would send a clear message that New York has zero tolerance
for platforms that prioritize daily active user count at the expense of
kids' safety. It is the least we can do to ensure safer digital spaces
for the most vulnerable among us.

 
PRIOR LEGISLATIVE HISTORY:

2024: Referred to Rules

2025: Referred to Internet and Technology

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after the
office of the attorney general shall promulgate rules and regulations
necessary to effectuate the provisions of this act.

2025-S4609A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4609--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced  by Sens. GOUNARDES, COMRIE, FERNANDEZ, JACKSON, RAMOS, SALA-
   ZAR -- read twice and ordered printed, and when printed to be  commit-
   ted  to the Committee on Internet and Technology -- recommitted to the
   Committee on Internet and Technology in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the general business law, in relation to establishing
   the stop online predators act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "stop online predators act".
   § 2. Article 45-A of the general business law  is  renumbered  article
 45-B and a new article 45-A is added to read as follows:
                               ARTICLE 45-A
                         STOP ONLINE PREDATORS ACT
 SECTION 1509. DEFINITIONS.
         1510. PRIVACY BY DEFAULT.
         1511. PARENTAL APPROVALS.
         1512. CONSTRUCTION OF ARTICLE.
         1513. PROHIBITION ON DARK PATTERNS.
         1514. NONDISCRIMINATION.
         1515. SCOPE.
         1516. RULEMAKING AUTHORITY.
         1517. REMEDIES.
   § 1509. DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADULT" SHALL MEAN A NATURAL PERSON WHO IS EIGHTEEN YEARS OF AGE OR
 OLDER.
   2. "CONNECTED" AND VARIATIONS THEREOF SHALL MEAN THAT A COVERED  MINOR
 AND/OR  SUCH COVERED MINOR'S PARENT HAS PREVIOUSLY APPROVED A CONNECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07773-05-6

 S. 4609--A                          2
 
 WITH ANOTHER USER SUCH THAT SUCH OTHER USER MAY  PRIVATELY  CONTACT  THE
 COVERED MINOR; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL
 PREVENT  A  COVERED  PLATFORM  FROM  ALLOWING  SUCH OTHER USER TO SEND A
 PRIVATE COMMUNICATION TO ACCOMPANY SUCH OTHER USER'S INITIAL REQUEST FOR
 CONNECTION WITH A COVERED MINOR.
   3.  "COVERED MINOR" SHALL MEAN ANY USER WHO IS DETERMINED BY AN OPERA-
 TOR, VIA ONE OR MORE COMMERCIALLY REASONABLE AGE  VERIFICATION  METHODS,
 TO BE UNDER THE AGE OF EIGHTEEN.
   4.  "COVERED  PLATFORM"  SHALL  MEAN  A PUBLIC OR SEMI-PUBLIC WEBSITE,
 ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION  THAT  (A)  IS
 USED  BY  A COVERED MINOR IN THIS STATE, (B) ALLOWS USERS TO CONSTRUCT A
 PUBLIC OR SEMI-PUBLIC PROFILE FOR THE PURPOSES OF  USING  SUCH  WEBSITE,
 SERVICE, OR APPLICATION, (C) ALLOWS USERS TO CREATE OR POST CONTENT THAT
 IS  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, AND (D) ALLOWS
 USERS TO PRIVATELY MESSAGE EACH OTHER  AS  A  SIGNIFICANT  PART  OF  THE
 PROVISION OF SUCH WEBSITE, SERVICE, OR APPLICATION.
   5.  "FALSE NEGATIVE" SHALL MEAN WHEN AN AGE VERIFICATION METHOD INCOR-
 RECTLY IDENTIFIES AN ADULT AS A MINOR.
   6. "FALSE POSITIVE" SHALL MEAN WHEN AN AGE VERIFICATION METHOD  INCOR-
 RECTLY IDENTIFIES A MINOR AS AN ADULT.
   7.  "FINANCIAL  TRANSACTION"  SHALL  MEAN  A TRANSACTION BETWEEN USERS
 INVOLVING ANY TYPE OF CURRENCY, INCLUDING VIRTUAL CURRENCY, USED  WITHIN
 A COVERED PLATFORM WHETHER OR NOT IT CAN BE CONVERTED TO FIAT MONEY.
   8. "MEDIA" SHALL MEAN TEXT, IMAGES, OR VIDEO.
   9.  "METHOD  CIRCUMVENTION"  SHALL  MEAN  SUBMISSION  OF FALSE DATA OR
 INTERFERENCE WITH AN AGE VERIFICATION METHOD.
   10. "MINOR" SHALL MEAN A NATURAL PERSON WHO IS UNDER THE AGE OF  EIGH-
 TEEN.
   11.  "OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL ENTITY
 WHO OPERATES OR PROVIDES A COVERED PLATFORM.
   12. "PARENT" SHALL MEAN A PARENT OR LEGAL GUARDIAN.
   13.  "SYNCING" SHALL MEAN WHEN A USER IMPORTS EXISTING CONNECTIONS  OR
 CONTACT INFORMATION PERTAINING TO OTHER USERS INTO A COVERED PLATFORM.
   14.  "TAG"  SHALL  MEAN WHEN A USER IDENTIFIES A SECOND USER IN POSTED
 CONTENT IN A MANNER THAT LINKS TO THE SECOND USER'S PROFILE.
   15. "USER" SHALL MEAN A USER OF A COVERED PLATFORM  IN  NEW  YORK  NOT
 ACTING  AS  AN OPERATOR, OR AGENT OR AFFILIATE OF SUCH OPERATOR, OF SUCH
 PLATFORM OR ANY PORTION THEREOF.
   § 1510. PRIVACY BY DEFAULT. 1. NO OPERATOR SHALL OFFER A COVERED PLAT-
 FORM IN  THIS  STATE  WITHOUT  CONDUCTING  COMMERCIALLY  REASONABLE  AGE
 VERIFICATION  TO DETERMINE WHETHER A USER IS A COVERED MINOR. THE ATTOR-
 NEY GENERAL SHALL PROMULGATE REGULATIONS IDENTIFYING METHODS FOR COMMER-
 CIALLY REASONABLE, PRIVACY  PROTECTIVE,  AND  TECHNICALLY  FEASIBLE  AGE
 VERIFICATION,  WHICH  SHALL  CONSIDER THE SIZE, FINANCIAL RESOURCES, AND
 TECHNICAL CAPABILITIES OF COVERED PLATFORMS, THE COSTS AND EFFECTIVENESS
 OF AVAILABLE AGE DETERMINATION TECHNIQUES FOR USERS OF  SUCH  PLATFORMS,
 AND THE AUDIENCE OF SUCH PLATFORMS.  SUCH METHODS SHALL MEET COMMERCIAL-
 LY REASONABLE ACCURACY MINIMUMS, TO BE PRESCRIBED BY THE ATTORNEY GENER-
 AL, THAT CAN REDUCE INSTANCES OF FALSE NEGATIVES AND FALSE POSITIVES AND
 DETECT AND PREVENT METHOD CIRCUMVENTION IN LIGHT OF AVAILABLE TECHNOLOGY
 AND  EXISTING  LEGAL  OBLIGATIONS  OF  COVERED  PLATFORMS TO CONDUCT AGE
 VERIFICATION.  INFORMATION COLLECTED FOR THE PURPOSE  OF  DETERMINING  A
 COVERED  USER'S  AGE  UNDER  THIS  SUBDIVISION SHALL NOT BE USED FOR ANY
 PURPOSE OTHER THAN AGE DETERMINATION AND SHALL  BE  DELETED  IMMEDIATELY
 S. 4609--A                          3
 
 AFTER  AN ATTEMPT TO DETERMINE A COVERED USER'S AGE, EXCEPT WHERE NECES-
 SARY FOR COMPLIANCE WITH ANY APPLICABLE PROVISIONS OF STATE  OR  FEDERAL
 LAW OR REGULATION.
   2.  FOR  ALL  USERS  DETERMINED  UNDER  A  COMMERCIALLY REASONABLE AGE
 VERIFICATION METHOD BY AN OPERATOR TO BE A COVERED MINOR, SUCH  OPERATOR
 SHALL  UTILIZE  THE  FOLLOWING  SETTINGS  BY DEFAULT FOR COVERED MINORS,
 WHICH SHALL ENSURE THAT NO USER  WHO  IS  NOT  ALREADY  CONNECTED  TO  A
 COVERED MINOR MAY:
   (A)  COMMUNICATE  DIRECTLY  AND  PRIVATELY WITHIN THE COVERED PLATFORM
 WITH SUCH MINOR;
   (B) VIEW THE FULL PROFILE OF SUCH MINOR;
   (C) TAG SUCH MINOR IN POSTED CONTENT;
   (D) VIEW THE GEOGRAPHIC LOCATION OF SUCH MINOR IF A  COVERED  PLATFORM
 PROVIDES  A  MECHANISM  BY WHICH USERS SHARE THEIR LOCATIONS WITHIN SUCH
 PLATFORM;
   (E) DOWNLOAD MEDIA POSTED BY A COVERED MINOR ON SUCH MINOR'S  PROFILE;
 AND/OR
   (F) ENGAGE IN A FINANCIAL TRANSACTION WITH SUCH MINOR.
   3.  NO  OPERATOR  SHALL  SUGGEST OR RECOMMEND THE PROFILE OF A COVERED
 MINOR TO ANOTHER USER NOT ALREADY CONNECTED TO ANOTHER MINOR;  PROVIDED,
 HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY TO PROFILE SUGGESTIONS OR
 RECOMMENDATIONS  THAT  ARE  MADE  AS A RESULT OF A COVERED MINOR OR USER
 SYNCING CONTACTS WITH A COVERED PLATFORM.
   4. A PARENT OF A COVERED MINOR OR A COVERED MINOR THEMSELF  MAY  OVER-
 RIDE THE DEFAULT PRIVACY SETTINGS PROVIDED IN SUBDIVISIONS TWO AND THREE
 OF  THIS SECTION, PROVIDED, HOWEVER, THAT IF THE COVERED MINOR IS DETER-
 MINED BY AN OPERATOR TO BE UNDER THE AGE OF SIXTEEN, A  PARENT  OF  SUCH
 MINOR MUST APPROVE ANY PRIVACY SETTING THAT IS LESS PROTECTIVE THAN THAT
 PRESCRIBED  IN SUBDIVISIONS TWO AND THREE OF THIS SECTION.  IF A COVERED
 MINOR IS DETERMINED BY AN OPERATOR TO BE AT LEAST THE AGE OF SIXTEEN BUT
 UNDER THE AGE OF EIGHTEEN, A PARENT OF SUCH MINOR SHALL BE NOTIFIED WHEN
 SUCH MINOR OVERRIDES THE DEFAULT PRIVACY SETTINGS PROVIDED  IN  SUBDIVI-
 SIONS TWO AND THREE OF THIS SECTION TO A SETTING THAT IS LESS PROTECTIVE
 THAN THAT PRESCRIBED IN SUCH SUBDIVISIONS, BUT APPROVAL FROM SUCH PARENT
 SHALL NOT BE REQUIRED FOR SUCH OVERRIDE.
   § 1511. PARENTAL APPROVALS. 1. FOR ALL USERS DETERMINED BY AN OPERATOR
 TO  BE UNDER THE AGE OF THIRTEEN, SUCH OPERATOR SHALL REQUIRE THE PARENT
 OF SUCH COVERED MINOR TO APPROVE ALL NEW CONNECTIONS WITH  SUCH  COVERED
 MINOR  BEFORE SUCH COVERED MINOR'S AND SUCH OTHER USER'S ACCOUNTS MAY BE
 CONNECTED.  FOR COVERED MINORS UNDER THE AGE OF  THIRTEEN,  AN  OPERATOR
 SHALL  ALSO  ESTABLISH  A  MECHANISM BY WHICH A PARENT OF SUCH MINOR MAY
 EASILY VIEW THE LIST OF ALL USERS CURRENTLY CONNECTED WITH  THE  ACCOUNT
 OF THE MINOR.
   2. FOR ALL USERS DETERMINED BY AN OPERATOR TO BE A COVERED MINOR, SUCH
 OPERATOR  SHALL  REQUIRE  A PARENT TO APPROVE ALL FINANCIAL TRANSACTIONS
 RELATING TO SUCH COVERED MINOR'S ACCOUNT. SUCH  OPERATOR  SHALL  FURTHER
 ESTABLISH  A  MECHANISM  BY WHICH A PARENT OF A COVERED MINOR MAY EASILY
 VIEW A HISTORY OF ALL FINANCIAL TRANSACTIONS RELATING  TO  SUCH  COVERED
 MINOR'S ACCOUNT AT ANY TIME.
   §  1512.  CONSTRUCTION  OF  ARTICLE.  NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED TO PROHIBIT AN OPERATOR FROM INSTITUTING A PRIVACY SETTING FOR
 COVERED MINORS AND/OR OTHER USERS THAT  IS  MORE  PROTECTIVE  THAN  THAT
 REQUIRED BY THIS SECTION.
   §  1513.  PROHIBITION  ON  DARK  PATTERNS.  IT SHALL BE UNLAWFUL FOR A
 COVERED PLATFORM TO DEPLOY ANY MECHANISM OR DESIGN  WHICH  INTENTIONALLY
 INHIBITS THE PURPOSE OF THIS ARTICLE, SUBVERTS USER AND/OR PARENT CHOICE
 S. 4609--A                          4
 
 OR  AUTONOMY,  OR  RENDERS IT MORE DIFFICULT FOR A USER AND/OR PARENT TO
 EXERCISE ANY OF THE PRESCRIBED RIGHTS AND/OR PRIVILEGES PROVIDED IN THIS
 ARTICLE.
   §  1514.  NONDISCRIMINATION.  AN OPERATOR SHALL NOT WITHHOLD, DEGRADE,
 LOWER THE QUALITY OF, OR INCREASE THE PRICE OF ANY PRODUCT, SERVICE,  OR
 FEATURE  OF  A  COVERED PLATFORM, OTHER THAN AS NECESSARY FOR COMPLIANCE
 WITH THE PROVISIONS OF THIS ARTICLE OR ANY RULES OR REGULATIONS  PROMUL-
 GATED  PURSUANT  TO  THIS  ARTICLE, TO A USER DUE TO SUCH OPERATOR BEING
 REQUIRED TO ESTABLISH THE SETTINGS AND APPROVALS  PROVIDED  IN  SECTIONS
 FIFTEEN HUNDRED TEN AND FIFTEEN HUNDRED ELEVEN OF THIS ARTICLE.
   §  1515.  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 COVERED 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.
   §  1516.  RULEMAKING  AUTHORITY. THE ATTORNEY GENERAL SHALL PROMULGATE
 SUCH RULES AND REGULATIONS AS ARE NECESSARY TO  EFFECTUATE  AND  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  1517.  REMEDIES. 1. ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
 WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON  COMPLAINT  OR  OTHER-
 WISE,  THAT  ANY  PERSON,  WITHIN OR OUTSIDE THE STATE, HAS VIOLATED THE
 PROVISIONS OF 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 SUCH VIOLATION, 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, 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, INCLUDING PRELIM-
 INARY RELIEF.
   2.  THE  ATTORNEY  GENERAL  SHALL  MAINTAIN  A  WEBSITE   TO   RECEIVE
 COMPLAINTS,  INFORMATION,  AND/OR  REFERRALS  FROM MEMBERS OF THE PUBLIC
 CONCERNING AN OPERATOR'S OR COVERED  PLATFORM'S  ALLEGED  COMPLIANCE  OR
 NONCOMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
   §  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
 S. 4609--A                          5
 
 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S4609

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

Actions

Bill Amendments

co-Sponsors

2025-S4609 - Details

2025-S4609 - Summary

2025-S4609 - Sponsor Memo

2025-S4609 - Bill Text download pdf

co-Sponsors

2025-S4609A (ACTIVE) - Details

2025-S4609A (ACTIVE) - Summary

2025-S4609A (ACTIVE) - Sponsor Memo

2025-S4609A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S4609

Senate Bill S4609

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Internet And Technology Committee

Actions

Bill Amendments

co-Sponsors

2025-S4609 - Details

2025-S4609 - Summary

2025-S4609 - Sponsor Memo

2025-S4609 - Bill Text download pdf

co-Sponsors

2025-S4609A (ACTIVE) - Details

2025-S4609A (ACTIVE) - Summary

2025-S4609A (ACTIVE) - Sponsor Memo

2025-S4609A (ACTIVE) - Bill Text download pdf

Comments