Privacy & Cybersecurity Law Blog

On June 7, 2024, the New York legislature passed a bill (S.B. S7694A), the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (the “Act”), addressing children’s use of social media platforms. The bill is pending Governor Kathy Hochul’s signature.

The Act prohibits a “covered operator” of an addictive social media platform from providing an addictive feed to a user unless (1) the covered operator has used commercially reasonable and technically feasible methods to determine that the user is not a minor (defined as under the age of 18), or (2) the covered operator has obtained verifiable parental consent. The Act defines an “addictive social media platform” as a website, online service, online application or mobile application that offers or provides users with an addictive feed as a significant part of its services. An addictive feed includes certain online services in which content is recommended, selected or prioritized for a user based on information associated with the user or the user’s device.

Additionally, the Act prohibits a covered operator from sending overnight notifications concerning an addictive feed to minors between 12:00 a.m. and 6:00 a.m. ET unless the operator has obtained verifiable parental consent. A covered operator is also prohibited from withholding, degrading, lowering the quality or increasing the price of any product, service or feature due to the covered operator not being permitted to provide an addictive feed.

The Act will take effect 180 days after New York’s attorney general promulgates the necessary rules and regulations to effectuate the Act’s provisions. Companies that fail to comply with the Act could be subject to penalties of up to $5,000 per violation.

The Act is now awaiting the signature of Governor Kathy Hochul, who released a statement supporting its passage, along with her support for the New York Child Data Protection Act, which would prohibit the processing and sale of personal data of individuals under the age of 18 without informed consent or unless strictly necessary for certain specified activities.