Legislation

* § 1804. Determination of covered minor. 1. To the extent rules or
regulations referenced in section eighteen hundred three of this article
or rules and regulations regarding age assurance methods promulgated
pursuant to article forty-five of this chapter are not in effect, an
operator shall rely on a determination of a covered user's minor or
adult status made using a reasonable age assurance method that meets the
following requirements:

(a) such age assurance method shall reasonably guard against
circumvention and reasonably minimize the retention of information
collected for age assurance purposes;

(b) an operator may only rely on self-declaration as a reasonable age
assurance method if the user self-declares minor status; and

(c) an operator must make available more than one age assurance method
to covered users, including at least one method that either does not
rely on government issued identification or that allows a covered user
to maintain anonymity as to the operator.

2. Information collected for the purpose of determining whether a
covered user is a covered minor under subdivision one of section
eighteen hundred one of this article shall not be used for any purpose
other than to make such determination and shall be deleted immediately
after an attempt to determine whether a covered user is a covered minor,
except where necessary for compliance with any applicable provisions of
New York state or federal law or regulation.

3. This article shall not supersede, amend, or repeal article
forty-seven of this chapter.

* NB Effective January 1, 2027