Bill Text: NY S08300 | 2021-2022 | General Assembly | Introduced
Bill Title: Prohibits interactive computer service providers from knowingly promoting content to a targeted user and with the intention of developing the content, cause the user extreme emotional harm, physical injury or financial injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-10 - REFERRED TO INTERNET AND TECHNOLOGY [S08300 Detail]
Download: New_York-2021-S08300-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8300 IN SENATE February 10, 2022 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the general business law, in relation to prohibiting interactive computer service providers from knowingly developing or promoting content that is dangerous or injurious The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 394-ccc to read as follows: 3 § 394-ccc. Interactive computer service; developing injurious 4 content. 1. As used in this section, the following terms shall have the 5 following meanings: 6 (a) "Interactive computer service" means a service provider, which, 7 for profit-making purposes operates an internet platform that is 8 designed to disseminate public content generated by a third-party; 9 (b) "Content" means the textual, visual or aural information that is 10 generated by a third-party or the interactive computer service provider; 11 (c) "Promote" means to present or otherwise convey third-party-gener- 12 ated or interactive computer service provider-generated content to a 13 target user; 14 (d) "User" means any person who is located in the state who utilizes 15 an interactive computer service provider's platform; 16 (e) "Platform" means an application or website developed by an inter- 17 active computer service provider that acts as an intermediary between 18 users and a third-party to disseminate content; 19 (f) "Target user" means a person who uses an interactive computer 20 service and whom the interactive computer service provider targets for 21 the purpose of sending a developed message; and 22 (g) "Target, targets, targeted, or targeting" means conveying content 23 to a target user solely on the basis of their personal data which 24 includes, but is not limited, to a target user's: 25 (i) location data, whether general or precise, including: (A) the 26 time of day in the user's current or predicted future location; (B) the 27 weather in the user's current or predicted future location; (C) the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13403-03-1S. 8300 2 1 local businesses in the user's current or future predicted location; (D) 2 the natural, artificial, or planned events in the user's current or 3 future predicted location; (E) political preferences in the user's 4 current or future predicted location; and/or (F) landmarks in the user's 5 current or future predicted location; 6 (ii) income related activities, including the user's: (A) income 7 level; (B) profession; (C) employment status; (D) source of income; 8 and/or (E) investments; 9 (iii) relationship status, including whether the user is: (A) single; 10 (B) married; (C) divorced; (D) engaging in an affair; (E) in a domestic 11 partnership; (F) engaged; (G) in a romantic or intimate social relation- 12 ship; and/or (H) contemplating or is in the process of terminating a 13 relationship; 14 (iv) social status, including whether the user: (A) is a public offi- 15 cial; (B) is a public figure; (C) is a limited purpose public figure; 16 (D) is involuntarily thrust into the public domain; (E) receives a 17 significant amount of engagements on the interactive computer service 18 provider's platform; and/or (F) receives an insignificant amount of 19 engagements or is within a specific threshold of engagements on the 20 interactive computer service provider's platform; 21 (v) psychological profile, whether generated based on psychological 22 conditions set by the interactive computer service provider, or unique 23 or generally accepted psychological conditions; 24 (vi) veteran status, including whether the user: (A) has served in the 25 armed forces of the United States or another country; (B) is currently 26 serving in the armed forces of the United States or another country; (C) 27 has been discharged, whether honorably, for medical reasons or other- 28 wise; and/or (D) is not a veteran nor a member of the armed forces of 29 the United States or another country; 30 (vii) medical condition or status, including the user's: (A) mental 31 state; (B) physical state; (C) emotional state; and/or (D) frequency of 32 their receipt of medical care; 33 (viii) sex; 34 (ix) gender; 35 (x) national origin; 36 (xi) age; 37 (xii) race; 38 (xiii) religion; and/or 39 (ix) familial demographics, including: (A) whether the user is preg- 40 nant or expecting a child; (B) the demographic makeup of the user's 41 family; (C) the number of people in the user's family; (D) the emotional 42 relationship between family members; and/or (E) an immediate or distant 43 relative's social status, veteran status, medical status or psycholog- 44 ical profile, relationship status, income related activities, income 45 level, location data, age, sex, gender, race, national origin, religion, 46 or familial status as described in this paragraph; 47 (h) "Developed" or "Developing" shall mean: 48 (i) the interactive computer service provider generating or altering 49 visible portions of content or a group of content; or 50 (ii) the interactive computer service provider sufficiently altering 51 the meaning of content or a group of content generated by third parties 52 through the calculated targeting of the specific person such that a new 53 message is deemed to be created by the interactive computer service 54 provider. 55 2. An interactive computer service provider that conducts business in 56 this state shall not knowingly:S. 8300 3 1 (a) promote any content to a targeted user; and 2 (b) with the intention of developing the content, cause: (i) extreme 3 emotional harm; (ii) physical injury, including self-inflicted injury or 4 injury resulting from addiction whereby the content being promoted 5 created the addiction or encouraged such user to indulge in their 6 addiction; (iii) financial injury, including self-inflicted financial 7 injury and financial injury resulting from addiction whereby the content 8 being promoted created the addiction or encouraged such user to indulge 9 in their addiction; or (iv) any other severe, cognizable injury that the 10 interactive computer service provider could reasonably foresee would 11 occur as a result of them promoting the developed message. 12 3. Any interactive computer service provider who willfully violates 13 any provision of this section shall be liable in a civil action to a 14 target user for any actual, physical or emotional harm incurred from 15 such violation and incur a civil penalty of up to ten thousand dollars 16 for each offense. In making a determination of any violation pursuant to 17 this section, the attorney general may take and make a determination on 18 the relevant facts, and issue subpoenas in accordance with the civil 19 practice law and rules. 20 4. Nothing in this section shall be construed as: (a) an obligation 21 imposed on an interactive computer service provider that adversely 22 affects the rights or freedoms of any persons including exercising the 23 right of free speech granted by the New York state constitution or the 24 United States Constitution; (b) creating any liability for an interac- 25 tive computer service provider for promoting content to non-target users 26 based solely on their location and/or time data; (c) creating any 27 liability for an interactive computer service provider for promoting 28 content that is not sufficiently developed to be deemed a violation of 29 the provisions of subdivision two of this section; or (d) creating any 30 liability for an interactive computer service provider for promoting 31 injurious developed content in another state. 32 § 2. This act shall take effect on the one hundred eightieth day after 33 it shall have become a law.
