Legislation
SECTION 1539
Definitions
General Business (GBS) CHAPTER 20, ARTICLE 45-B
* § 1539. Definitions. For the purposes of this article, the following
terms shall have the following meanings:
1. "Connected" and variations thereof shall mean that two users using
the covered platform or two accounts on the covered platform are
connected to each other by:
(a) sending a request to connect to another user or account holder and
having the request to connect accepted by the other user or account
holder; or
(b) receiving a request to connect from another user or account holder
and accepting the request to connect.
2. "Covered minor" shall mean any user in New York who has been
reasonably determined by an operator, via age assurance, as set forth in
this article, to be under the age of eighteen.
3. "Operator" shall mean any person, business, or other legal entity
who operates or provides a covered platform.
4. "Parent" shall mean a parent or legal guardian.
5. "Tag" shall mean when a user clearly identifies a second user in
posted media.
6. "User" shall mean a user of a covered platform not acting as an
operator, or agent or affiliate of such operator, of such platform or
any portion thereof.
7. "Covered user" shall mean a user of a covered platform in New York
not acting as an operator, agent or affiliate of such operator, of such
platform or of any portion thereof.
8. "Money" shall mean a medium of exchange currently authorized or
adopted by a domestic or foreign government.
9. "Digital currency" shall mean a digital representation of value,
recognized only on the covered platform, that is supplied, exchanged and
managed pursuant to the policies or rules of such covered platform, and
is not accepted or considered a medium of exchange currently authorized
or adopted by a domestic or foreign government.
10. "AI companion" shall have the same meaning as subdivision four of
section seventeen hundred of this chapter; provided, however, that an
"AI companion" shall not include an artificial intelligence system or
non-player character that operates exclusively within a game or
immersive digital environment, provided that such system's interactions
are strictly constrained to the fictional context of such game or
environment and do not initiate, encourage, or sustain dialogue
concerning the user's real-world life, emotional state, or personal
affairs.
11. "Integrated AI companion" shall mean an AI companion that is an
accessible or usable feature of a covered platform.
12. "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; and
(c) offers or provides the following features:
(i) a mechanism to allow users to communicate privately with each
other within the website, service or application or through platform
integration with a separate website, service, or application; and
(ii) (A) a mechanism to create or post media that is viewable by other
users and a mechanism to respond to such media, including but not
limited to, through a landing page or feed that presents the user with
media created or posted by other users; or
(B) a mechanism: (1) to create games or immersive digital environments
for other users or to play online games; and (2) to make in game
purchases using money or to exchange money for digital currency as well
as to exchange digital currency for money.
13. "Media" shall mean text, an image or a video. Games and immersive
digital environments are not media.
14. "Age assurance" shall mean reasonable and technically feasible
methods to determine the age of a user, made consistent with subdivision
one of section fifteen hundred forty of this article.
15. "Syncing" shall mean when a user imports existing connections or
contact information pertaining to other users into a covered platform.
16. "Platform integration" shall mean any form of linking a user's
account on a covered platform with the user's account on one or more
different covered platforms.
* NB Effective January 1, 2027
terms shall have the following meanings:
1. "Connected" and variations thereof shall mean that two users using
the covered platform or two accounts on the covered platform are
connected to each other by:
(a) sending a request to connect to another user or account holder and
having the request to connect accepted by the other user or account
holder; or
(b) receiving a request to connect from another user or account holder
and accepting the request to connect.
2. "Covered minor" shall mean any user in New York who has been
reasonably determined by an operator, via age assurance, as set forth in
this article, to be under the age of eighteen.
3. "Operator" shall mean any person, business, or other legal entity
who operates or provides a covered platform.
4. "Parent" shall mean a parent or legal guardian.
5. "Tag" shall mean when a user clearly identifies a second user in
posted media.
6. "User" shall mean a user of a covered platform not acting as an
operator, or agent or affiliate of such operator, of such platform or
any portion thereof.
7. "Covered user" shall mean a user of a covered platform in New York
not acting as an operator, agent or affiliate of such operator, of such
platform or of any portion thereof.
8. "Money" shall mean a medium of exchange currently authorized or
adopted by a domestic or foreign government.
9. "Digital currency" shall mean a digital representation of value,
recognized only on the covered platform, that is supplied, exchanged and
managed pursuant to the policies or rules of such covered platform, and
is not accepted or considered a medium of exchange currently authorized
or adopted by a domestic or foreign government.
10. "AI companion" shall have the same meaning as subdivision four of
section seventeen hundred of this chapter; provided, however, that an
"AI companion" shall not include an artificial intelligence system or
non-player character that operates exclusively within a game or
immersive digital environment, provided that such system's interactions
are strictly constrained to the fictional context of such game or
environment and do not initiate, encourage, or sustain dialogue
concerning the user's real-world life, emotional state, or personal
affairs.
11. "Integrated AI companion" shall mean an AI companion that is an
accessible or usable feature of a covered platform.
12. "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; and
(c) offers or provides the following features:
(i) a mechanism to allow users to communicate privately with each
other within the website, service or application or through platform
integration with a separate website, service, or application; and
(ii) (A) a mechanism to create or post media that is viewable by other
users and a mechanism to respond to such media, including but not
limited to, through a landing page or feed that presents the user with
media created or posted by other users; or
(B) a mechanism: (1) to create games or immersive digital environments
for other users or to play online games; and (2) to make in game
purchases using money or to exchange money for digital currency as well
as to exchange digital currency for money.
13. "Media" shall mean text, an image or a video. Games and immersive
digital environments are not media.
14. "Age assurance" shall mean reasonable and technically feasible
methods to determine the age of a user, made consistent with subdivision
one of section fifteen hundred forty of this article.
15. "Syncing" shall mean when a user imports existing connections or
contact information pertaining to other users into a covered platform.
16. "Platform integration" shall mean any form of linking a user's
account on a covered platform with the user's account on one or more
different covered platforms.
* NB Effective January 1, 2027