Senate Bill S8850

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8850
 
                             I N  S E N A T E
 
                              January 9, 2026
                                ___________
 
 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 NY digital choice act
 
   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
 48 to read as follows:
                                ARTICLE 48
                           NY DIGITAL CHOICE ACT
 SECTION 1800. SHORT TITLE.
         1801. DEFINITIONS.
         1802. PORTABILITY.
         1803. INTEROPERABILITY.
         1804. DATA RIGHTS.
         1805. RULEMAKING AUTHORITY.
         1806. ENFORCEMENT BY ATTORNEY GENERAL.
         1807. SEVERABILITY.
   §  1800.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NY DIGITAL CHOICE ACT".
   § 1801. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "OPEN  PROTOCOL" MEANS A PUBLICLY AVAILABLE SET OF TECHNICAL RULES
 THAT:
   (A) ENABLES INTEROPERABILITY AND DATA EXCHANGE  BETWEEN  SOCIAL  MEDIA
 PLATFORMS  BY  PROVIDING  A  COMMON  DATA  INFRASTRUCTURE WHERE MULTIPLE
 SOCIAL MEDIA PLATFORMS CAN ACCESS A COVERED USER'S SOCIAL GRAPH;
   (B) IS FREE FROM LICENSING FEES AND PATENT RESTRICTIONS; AND
   (C) GOVERNS HOW SOCIAL MEDIA PLATFORMS COMMUNICATE AND EXCHANGE DATA.
   2. (A) "SOCIAL GRAPH" MEANS:
   (I) A COVERED USER'S SOCIAL CONNECTIONS WITH SECONDARY USERS;
   (II) CONTENT CREATED BY A COVERED USER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13423-07-5
 S. 8850                             2
              

 
   (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;
   (B) FACILITATE AND MAINTAIN INTEROPERABILITY AND CONTINUOUS, REAL-TIME
 DATA SHARING WITH OTHER SOCIAL MEDIA PLATFORMS THROUGH AN  INTEROPERABI-
 S. 8850                             3
 
 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
 CONTINUANCE  OF  SUCH VIOLATIONS. IF IT SHALL APPEAR TO THE SATISFACTION
 OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT,  VIOLATED  THIS
 S. 8850                             4
 
 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.