Bill Text: NY S03711 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the internet media freedom task force to study the practices and policies of social media companies that allow the posting of third-party content by users, as well as other issues relating to dissemination of such content, including but not limited to, forms of censorship employed by social media companies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO INTERNET AND TECHNOLOGY [S03711 Detail]

Download: New_York-2021-S03711-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3711

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 30, 2021
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to establish the internet media freedom task force; and providing
          for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Legislative Findings. The twenty-first century has seen an
     2  increasing reliance upon social media as a source of news  and  informa-
     3  tion.  Social media platforms allow third-party users to post content on
     4  an unlimited number of issues, and,  unfortunately,  though  not  solely
     5  designed  or  intended  for  such use, more and more people have come to
     6  rely on these third-party postings as their main source  of  news.  Some
     7  social  media platforms have recently taken it upon themselves to act as
     8  arbiters of truth, and have even gone so far as to block access  to  the
     9  President of the United States. Given the expanding use of, and reliance
    10  on,  these  social media platforms as a source of news, it is imperative
    11  that use of such platforms be open and  maintained  for  all  people  to
    12  ensure  that no perspective or piece of information is barred or blocked
    13  from view by the public at large who has come to rely on such  platforms
    14  for information.
    15    §  2.  Legislative task force on internet media freedom. A legislative
    16  task force on internet media freedom is hereby established to study  the
    17  practices  and policies of social media companies that allow the posting
    18  of third-party content by users, as well as  other  issues  relating  to
    19  dissemination  of  such  content, including but not limited to, forms of
    20  censorship employed by social media companies. The task force will  also
    21  examine  the impact social media has on elections, including the ability
    22  of candidates and political parties to access and use the  platform  and
    23  the use of censorship to unfairly benefit one candidate over another.
    24    § 3. Composition. (a) The task force shall consist of eight members to
    25  be  appointed  as  follows:  two members appointed by the speaker of the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08035-01-1
        S. 3711                             2

     1  Assembly, two members  appointed  by  the  temporary  president  of  the
     2  Senate,  two  members  appointed by the minority leader of the Assembly,
     3  and two members appointed by the minority  leader  of  the  Senate.  All
     4  appointments made by legislative leaders to the task force shall, to the
     5  extent  practicable,  have  backgrounds  in  news  publishing, including
     6  online media publishing, and/or the study of law.
     7    (b) Members of the task force shall serve without compensation.
     8    (c) The members of the task force shall elect, by a majority vote, one
     9  of its appointed members to serve as a chair.
    10    § 4. Organization. (a) The task force shall meet for the first time on
    11  May first, two thousand twenty-two, at which time  they  shall  elect  a
    12  member to serve as a chair of the task force pursuant to subdivision (c)
    13  of section three of this act.
    14    (b)  The  first  meeting  of the task force shall be held in the State
    15  Capitol, in offices  made  available  to  it  by  the  Legislature.  The
    16  location  of subsequent meetings shall be at the discretion of the chair
    17  of the task force.
    18    (c) The task force shall create and maintain a website  that  provides
    19  access  to written submissions received by it, as well as means by which
    20  individuals can submit testimony and view live and archived meetings and
    21  hearings of the task force.
    22    § 5. Hearings. The task force shall be authorized to hold public hear-
    23  ings and meetings, and to consult  with  any  organization,  educational
    24  institution,  or  other  government  entity  or  person, to enable it to
    25  accomplish its duties. The task force shall hold  at  least  two  public
    26  hearings for the purpose of soliciting public comment.
    27    §  6.  Duties  and powers. (a) To effectuate the purposes of this act,
    28  the task force may request and shall receive from any department,  divi-
    29  sion,  board,  bureau,  commission  or  other agency of the state or any
    30  state public authority such assistance, information  and  data  as  will
    31  enable the task force to properly carry out its powers and duties.
    32    (b)  The  task  force  may  hire  any necessary staff to assist in the
    33  discharge of its duties, and may utilize funds appropriated  to  it  for
    34  necessary expenses related to the discharge of its duties.
    35    (c)  The  task  force shall undertake an examination of existing state
    36  and federal policies relating to publishing third-party content  on  the
    37  internet, including, but not limited to:
    38    (i)  use of social media platforms, including, but not limited to, who
    39  uses them, for what purposes are they used, and a  review  of  usage  in
    40  past political campaigns;
    41    (ii)  safeguards  that  exist to ensure accuracy of information posted
    42  online;
    43    (iii) use of censorship to restrict publication of third-party created
    44  content online;
    45    (iv) statutory protections that currently exist to  ensure  access  to
    46  social media platforms; and
    47    (v) liability shields that protect platform operators.
    48    §  7.  Report. The task force shall draft a final report detailing its
    49  findings, as well as any recommendations it has on changes to  state  or
    50  federal  law,  and to executive agency policies, actions, and procedures
    51  relating to the use of and access to social media. Such report shall  be
    52  completed  and  delivered  to the Governor, the speaker of the Assembly,
    53  the temporary president of the Senate, the minority leader of the Assem-
    54  bly, the minority leader of the Senate, and each member of the New  York
    55  State  Congressional  Delegation  on  or  before  December 31, 2022. The
        S. 3711                             3

     1  report shall also be made publicly available and posted on the  websites
     2  of the State Assembly and Senate.
     3    §  8.  Dissolution.  Upon completion of a final report and delivery as
     4  directed by this act, the legislative task  force  shall  be  dissolved;
     5  provided, however, that dissolution of this task force shall occur on or
     6  before January 1, 2023.
     7    §  9.  This  act shall take effect immediately and shall expire and be
     8  deemed repealed January 1, 2023.