On November 20, 2024, Senate Bill 9953 for an Act to amend the general business law, in relation to establishing the New York children's online safety act was introduced and referred to the Senate's Committee on Rules.

What are the main provisions of the bill?

The bill applies to 'covered platforms,' defined as a public or semi-public website, online service, online application, or mobile application that:

• is used by a minor in the state of New York;
• allows users to construct a public or semi-public profile for the purposes of using such website, service, or application;
• 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
• allows users to socially interact with each other and such website, service, or application as a significant part of the provision of such website, service, or application.

The bill requires operators of covered platforms to:

• conduct age verification to determine whether a user is a covered minor;
• utilize certain Privacy by Default settings for covered minors, which shall ensure that no user who is not already connected to a covered minor may:
  • communicate directly with such minor;
  • view the profile of such minor;
  • tag such minor in posted content; and/or
  • engage in a financial transaction with such minor; and
• obtain parental approval of certain activity related to a covered minor's covered platform account.

The bill also prohibits covered platforms from deploying dark patterns, understood as any mechanism or design which intentionally inhibits the purpose of the bill, 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 the bill.

You can read the bill here and track its progress here.