STATE OF NEW YORK ________________________________________________________________________ 6549 2025-2026 Regular Sessions IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. ROZIC -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to establishing the New York children's online safety act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York children's online safety act". 3 § 2. The general business law is amended by adding a new article 45-A 4 to read as follows: 5 ARTICLE 45-A 6 NEW YORK CHILDREN'S ONLINE SAFETY ACT 7 Section 1509. Definitions. 8 1510. Privacy by default. 9 1511. Parental approvals. 10 1512. Prohibition on dark patterns. 11 1513. Nondiscrimination. 12 1514. Scope. 13 1515. Rulemaking authority. 14 1516. Remedies. 15 § 1509. Definitions. For the purposes of this article, the following 16 terms shall have the following meanings: 17 1. "Connected" and variations thereof shall mean that a covered minor 18 and/or such covered minor's parent has previously approved a connection 19 with another user such that such other user may privately contact the 20 covered minor. 21 2. "Covered minor" shall mean any user who is determined by an opera- 22 tor, via one or more commercially reasonable age verification methods, 23 to be under the age of eighteen. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07773-02-5
A. 6549 2 1 3. "Financial transaction" shall mean a transaction between users 2 involving any type of currency, including virtual currency used within a 3 covered platform whether or not it can be converted to fiat money. 4 4. "Operator" shall mean any person, business, or other legal entity 5 who operates or provides a covered platform. 6 5. "Parent" shall mean a parent or legal guardian. 7 6. "Covered platform" shall mean a public or semi-public website, 8 online service, online application, or mobile application that (a) is 9 used by a covered minor in this state, (b) allows users to construct a 10 public or semi-public profile for the purposes of using such website, 11 service, or application, (c) allows users to create or post content that 12 is viewable by other users, including but not limited to, on message 13 boards, in chat rooms, or through a landing page or main feed that 14 presents the user with content generated by other users, and (d) allows 15 users to privately message each other as a significant part of the 16 provision of such website, service, or application. 17 7. "Tag" shall mean when a user identifies a second user in posted 18 content in a manner that links to the second user's profile. 19 8. "User" shall mean a user of a covered platform in New York not 20 acting as an operator, or agent or affiliate of such operator, of such 21 platform or any portion thereof. 22 § 1510. Privacy by default. 1. No operator shall offer a covered plat- 23 form in this state without conducting commercially reasonable age 24 verification to determine whether a user is a covered minor. The attor- 25 ney general shall promulgate regulations identifying methods for commer- 26 cially reasonable and technically feasible age verification, which shall 27 consider the size, financial resources, and technical capabilities of 28 covered platforms, the costs and effectiveness of available age determi- 29 nation techniques for users of such platforms, the audience of such 30 platforms, and prevalent practices of the industry of the operator. Such 31 regulations shall also identify the appropriate levels of accuracy that 32 would be considered commercially reasonable and technically feasible for 33 operators to achieve in determining whether a user is a covered minor. 34 2. For all users determined under a commercially reasonable age 35 verification method by an operator to be a covered minor, such operator 36 shall utilize the following settings by default for covered minors, 37 which shall ensure that no user who is not already connected to a 38 covered minor may: 39 (a) communicate directly and privately with such minor; 40 (b) view the profile of such minor; 41 (c) tag such minor in posted content; and/or 42 (d) engage in a financial transaction with such minor. 43 3. A parent of a covered minor may override the default privacy 44 settings provided in subdivision two of this section at such parent's 45 discretion. 46 4. An operator shall notify a parent of a covered minor whenever such 47 covered minor attempts to change the default settings provided in subdi- 48 vision two of this section. The parent may then either approve or deny 49 the request to change the settings for such minor. 50 § 1511. Parental approvals. 1. For all users determined under a 51 commercially reasonable age verification method by an operator to be a 52 covered minor under the age of thirteen, such operator shall require the 53 parent of such covered minor to approve all new connections with such 54 covered minor before such covered minor's and such other user's accounts 55 may be connected. For covered minors under the age of thirteen, an 56 operator shall also establish a mechanism by which a parent of such
A. 6549 3 1 minor may easily view the list of all users currently connected with the 2 account of the minor. 3 2. For all users determined under a commercially reasonable age 4 verification method by an operator to be a covered minor, such operator 5 shall require a parent to approve all financial transactions relating to 6 such covered minor's account. Such operator shall further establish a 7 mechanism by which a parent of a covered minor may easily view a history 8 of all financial transactions relating to such covered minor's account 9 at any time. 10 § 1512. Prohibition on dark patterns. It shall be unlawful for a 11 covered platform to deploy any mechanism or design which intentionally 12 inhibits the purpose of this article, subverts user and/or parent choice 13 or autonomy, or renders it more difficult for a user and/or parent to 14 exercise any of the prescribed rights and/or privileges provided in this 15 article. 16 § 1513. Nondiscrimination. An operator shall not withhold, degrade, 17 lower the quality of, or increase the price of any product, service, or 18 feature of a covered platform, other than as necessary for compliance 19 with the provisions of this article or any rules or regulations promul- 20 gated pursuant to this article, to a user due to such operator being 21 required to establish the settings and approvals provided in sections 22 fifteen hundred ten and fifteen hundred eleven of this article. 23 § 1514. Scope. 1. This article shall apply to conduct that occurs in 24 whole or in part in New York. For purposes of this article, conduct 25 takes place wholly outside of New York if the covered platform is 26 accessed by a user who is physically located outside of New York. 27 2. Nothing in this article shall be construed to impose liability for 28 commercial activities or actions by operators subject to 15 U.S.C. § 29 6501 that is inconsistent with the treatment of such activities or 30 actions under 15 U.S.C. § 6502. 31 § 1515. Rulemaking authority. The attorney general shall promulgate 32 such rules and regulations as are necessary to effectuate and enforce 33 the provisions of this article. 34 § 1516. Remedies. 1. On or after the effective date of this article, 35 whenever it appears to the attorney general, upon complaint or other- 36 wise, that any person, within or outside the state, has violated the 37 provisions of this article, the attorney general may bring an action or 38 special proceeding in the name and on behalf of the people of the state 39 of New York to enjoin any such violation, to obtain restitution of any 40 moneys or property obtained directly or indirectly by any such 41 violation, to obtain disgorgement of any profits or gains obtained 42 directly or indirectly by any such violation, to obtain damages caused 43 directly or indirectly by any such violation, to obtain civil penalties 44 of up to five thousand dollars per violation, and to obtain any such 45 other and further relief as the court may deem proper, including prelim- 46 inary relief. 47 2. The attorney general shall maintain a website to receive 48 complaints, information, and/or referrals from members of the public 49 concerning an operator's or covered platform's alleged compliance or 50 noncompliance with the provisions of this article. 51 § 3. Severability. If any clause, sentence, paragraph, subdivision, 52 section or part of this act shall be adjudged by any court of competent 53 jurisdiction to be invalid, such judgment shall not affect, impair, or 54 invalidate the remainder thereof, but shall be confined in its operation 55 to the clause, sentence, paragraph, subdivision, section or part thereof 56 directly involved in the controversy in which such judgment shall have
A. 6549 4 1 been rendered. It is hereby declared to be the intent of the legislature 2 that this act would have been enacted even if such invalid provisions 3 had not been included herein. 4 § 4. This act shall take effect on the one hundred eightieth day after 5 the office of the attorney general shall promulgate rules and regu- 6 lations necessary to effectuate the provisions of this act; provided 7 that the office of the attorney general shall notify the legislative 8 bill drafting commission upon the occurrence of the enactment of the 9 rules and regulations necessary to effectuate and enforce the provisions 10 of section two of this act in order that the commission may maintain an 11 accurate and timely effective data base of the official text of the laws 12 of the state of New York in furtherance of effectuating the provisions 13 of section 44 of the legislative law and section 70-b of the public 14 officers law. Effective immediately, the addition, amendment and/or 15 repeal of any rule or regulation necessary for the implementation of 16 this act on its effective date are authorized to be made and completed 17 on or before such effective date.