Bill Text: NY S08316 | 2021-2022 | General Assembly | Introduced
Bill Title: Prevents interactive computer service providers from knowingly or negligently promoting developed content that is dangerous or otherwise injurious to minors; assesses a civil penalty to social media networks that knowingly or negligently promote such content.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-11 - REFERRED TO INTERNET AND TECHNOLOGY [S08316 Detail]
Download: New_York-2021-S08316-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8316 IN SENATE February 11, 2022 ___________ Introduced by Sen. BAILEY -- 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 preventing interactive computer service providers from knowingly or negligently promoting developed content that is dangerous or otherwise injurious to minors 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 providers; developing injuri- 4 ous content; minors. 1. As used in this section, the following terms 5 shall have the following meanings: 6 (a) "interactive computer service providers" shall mean a service 7 provider who operates in the state of New York, which, for profit-making 8 purposes, operates an internet platform that is designed to disseminate 9 public content generated by third parties; 10 (b) "content" shall mean the textual, visual or aural information that 11 is generated by a third party or an interactive computer service provid- 12 er; 13 (c) "promote" shall mean to present, or otherwise convey, third 14 party-generated or interactive computer service provider-generated 15 content to a targeted minor; 16 (d) "minor" shall mean any person under the age of eighteen who is 17 located in the state of New York; 18 (e) "platform" means an application or website that serves as a base 19 from which the interactive computer service is provided; 20 (f) "targeted minor" means a minor who uses the interactive computer 21 service, and who the interactive computer service provider targets for 22 the purpose of sending a developed message; 23 (g) "target, targets, targeted, or targeting" shall mean conveying 24 content to a targeted minor solely on the basis of their personal data 25 which includes, but is not limited to, the targeted minor's: 26 (i) location data, whether general or precise, including: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13364-04-1S. 8316 2 1 (A) the time of day in the minor's current or predicted future 2 location; 3 (B) the weather in the minor's current or predicted future location; 4 (C) the local businesses in the minor's current or future predicted 5 location; 6 (D) the natural, artificial, or planned events in the users current or 7 future predicated location; 8 (E) political preferences in the minor's current or future predicted 9 location; and/or 10 (F) landmarks in the minor's current or future predicted location. 11 (ii) income related activities, including the minor's: 12 (A) income level; 13 (B) profession; 14 (C) employment status; 15 (D) source of income; and/or 16 (E) investments. 17 (iii) relationship status, including whether the user is: 18 (A) single; 19 (B) married; 20 (C) divorced; 21 (D) engaging in an affair; 22 (E) in a domestic partnership; 23 (F) engaged; 24 (G) in a romantic or intimate social relationship; and/or 25 (H) is contemplating or is in the process of terminating a relation- 26 ship. 27 (iv) social status, including whether the user: 28 (A) is a public official; 29 (B) is a public figure; 30 (C) is a limited purpose public figure; 31 (D) is involuntarily thrust into the public domain; 32 (E) receives a significant amount of engagements on the interactive 33 computer service provider's platform; and/or 34 (F) receives an insignificant amount of engagements or is within a 35 specific threshold of engagements on an interactive computer service 36 provider's platform. 37 (v) psychological profile, whether generated based on psychological 38 conditions set by the interactive computer service provider, or unique 39 or generally accepted psychological conditions; 40 (vi) veteran status, including whether the user: 41 (A) has served in the armed forces of the United States or another 42 country; 43 (B) is currently serving in the armed forces of the United States or 44 another country; 45 (C) has been discharged, whether honorably, for medical reasons or 46 otherwise; and/or 47 (D) is not a veteran nor a member of the armed forces of the United 48 States or another country. 49 (vii) medical condition or status, including the minor's: 50 (A) mental state; 51 (B) physical state; 52 (C) emotional state; and/or 53 (D) frequency of their receipt of medical care. 54 (viii) sex; 55 (ix) gender; 56 (x) national origin;S. 8316 3 1 (xi) age; 2 (xii) race; 3 (xiii) religion; and 4 (xiv) familial demographics, including: 5 (A) whether the user is pregnant or expecting a child; 6 (B) the demographic makeup of the minor's family; 7 (C) the number of people in the minor's family; 8 (D) the emotional relationship between family members; and/or 9 (E) an immediate or distant relative's personal data as described in 10 subparagraphs (i)-(xiii) of this paragraph or their familial demograph- 11 ics status as described in clauses(A)-(D) of this subparagraph; and 12 (h) "developed or developing" shall mean: 13 (i) the interactive computer service provider generating or altering 14 visible portions of content or a group of content; or 15 (ii) the interactive computer service provider sufficiently altering 16 the meaning of content or a group of content generated by third parties 17 through the calculated targeting of the specific minor such that a new 18 message is deemed to be created by the interactive computer service 19 provider. 20 2. An interactive computer service provider that conducts business in 21 the state shall not knowingly or negligently injure a targeted minor 22 with promoted content that the interactive computer service provider 23 developed. 24 The interactive computer service provider shall be liable to the 25 targeted minor in a civil action for any actual, physical, and emotional 26 harm incurred from a violation of this section, as well as punitive 27 damages. Such interactive computer services provider shall incur a civil 28 penalty of up to one hundred thousand dollars per offense. 29 3. It is not a defense to this section that the interactive computer 30 service provider incorrectly determined the targeted minor's data. 31 4. Nothing in this section shall be construed as: 32 (a) an obligation imposed on an interactive computer service provider 33 that adversely affects the rights or freedoms of any persons, such as 34 exercising the right of free speech pursuant to the first amendment to 35 the United States Constitution; 36 (b) an additional or increased liability of an interactive computer 37 service provider for anything other than knowingly or negligently 38 promoting content that is detrimental to minors who use such interactive 39 computer service provider promoting content to non-targeted minors based 40 solely on their location and/or time data; 41 (c) creating any liability for an interactive computer service provid- 42 er for promoting content that is not sufficiently developed to be deemed 43 a violation of the provisions of subdivision two of this section; or 44 (d) creating any liability for an interactive computer service provid- 45 er for promoting dangerous or otherwise injurious developed content in 46 another state. 47 5. In determination of any such violation, the attorney general shall 48 be authorized to take proof and make a determination of the relevant 49 facts and to issue subpoenas in accordance with the civil practice law 50 and rules. 51 § 2. This act shall take effect on the one hundred twentieth day after 52 it shall have become a law.
