New York Assembly Bill A04002 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 4002 2025-2026 Regular Sessions  IN ASSEMBLY January 30, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to prohibiting the use of discriminatory advertisement practices in housing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2-a of section 296 of the executive law is 2 amended by adding a new paragraph (c-2) to read as follows: 3 (c-2) (1) To utilize any of the following techniques in targeting 4 digital advertisements intended to promote, market, or offer housing 5 opportunities, including rentals, sales, or related services: targeting 6 of advertisement audiences based on age, race, gender, or zip code, 7 targeting by location with less than a fifteen-mile radius, targeting 8 advertisements using categories referencing causes, organizations, or 9 public figures that relate to health, race or ethnicity, political 10 affiliation, religion, or sexual orientation, and using tools that allow 11 an advertiser to generate an advertisement audience that resembles the 12 composition of a seed audience of users provided by the advertiser. It 13 shall be further prohibited to use any digital advertisement targeting 14 technique that has the purpose or effect of discriminating against any 15 person or group based on any protected characteristic listed under para- 16 graph (a) of this subdivision. In order to ensure that such list of 17 prohibited targeting techniques remains current, the division shall have 18 the authority to issue regulations prohibiting the use of additional 19 targeting techniques. The division shall conduct a review of targeting 20 techniques no less than once every two years that shall assess techno- 21 logical developments in digital advertising targeting techniques, evalu- 22 ate the potential discriminatory impacts of new technological develop- 23 ments and new potentially discriminatory uses of existing targeting 24 techniques, and promulgate regulations to prevent the use of discrimina- 25 tory and potentially discriminatory targeting techniques. Complaints EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02499-01-5 
 A. 4002 2 1 alleging discriminatory practices by digital advertising platforms, 2 including but not limited to, unlawful targeting techniques or the use 3 of targeting techniques with discriminatory effect, shall be investi- 4 gated and adjudicated pursuant to section two hundred ninety-seven of 5 this article. 6 (2) For the purposes of this subdivision, the following terms shall 7 have the following meanings: 8 (i) "Digital advertisement" means any communication delivered by elec- 9 tronic means that is intended to be used for the purposes of marketing, 10 solicitation, or dissemination of information related, directly or indi- 11 rectly, to goods or services provided by the digital advertiser or a 12 third party. 13 (ii) "Seed audience" means a group of users provided by the advertiser 14 that serves as the basis for creating a broader audience of users with 15 similar attributes, characteristics and behaviors to the seed audience. 16 (iii) "Targeting" means using data about users to select and display 17 digital advertisements or other forms of commercial content. It 18 includes, but is not limited to, contextual advertising based on the 19 content of the webpages and keywords used in searches, segmented adver- 20 tising based on known characteristics of individuals, and behavioral 21 advertising based on observed behavior. 22 § 2. Section 295 of the executive law is amended by adding a new 23 subdivision 19 to read as follows: 24 19. To compel a digital advertising platform to give the division 25 access to the underlying algorithms and/or techniques used by such 26 digital advertising platform for advertisement targeting in response to 27 a credible complaint against a digital advertising platform and/or as 28 part of the mandatory biennial review required pursuant to paragraph 29 (c-2) of subdivision two-a of section two hundred ninety-six of this 30 article. The division may conduct an audit of the underlying data, 31 source code, and/or any other similar information necessary to determine 32 whether a violation of such provisions of this section may have 33 occurred. At the conclusion of such audit, the division may compel such 34 digital advertising platform to make any necessary changes to prevent 35 the algorithm or technique from producing discriminatory results in 36 advertisement targeting. The digital advertising platform shall have 37 sixty days to appeal such order to the New York state supreme court. For 38 the purposes of this subdivision, "digital advertising platform" means a 39 public-facing internet website, web application, or digital application, 40 including a social network, ad network, or search engine, that sells 41 advertisements either directly to advertisers or to intermediaries. 42 § 3. This act shall take effect immediately.