Regulon — NY-AB-6974 · NY AB 6974 (SAFE for All Act)

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

CP-01 DECEPTIVE & MANIPULATIVE AI CONDUCT

How Is This Bill Enforced

Enforcement Authority

Attorney general enforcement. The attorney general may bring an action or special proceeding upon complaint or otherwise to enjoin violations, obtain restitution, disgorgement, damages, and civil penalties. No private right of action is created. The attorney general must also maintain a public website to receive complaints, information, and referrals from members of the public concerning compliance or noncompliance.

Private Right of Action

No private right of action. Enforcement is exclusive to the designated authority.

Penalties

Civil penalties of up to $5,000 per violation. Injunctive relief (including preliminary relief), restitution of moneys or property obtained by the violation, disgorgement of profits or gains, and damages caused directly or indirectly by the violation. No attorney's fees provision. No private damages action.

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text

Analysis & Obligations

Gen. Bus. Law § 1509

Definitions

§ 1509. Definitions. For the purposes of this article, the following terms shall have the following meanings: 1. "Addictive feed" shall mean a regularly updated stream of algorithmic recommendations that a user encounters on a website, online service, online application, mobile application, or portion thereof. 2. "Addictive social media platform" shall mean a website, online service, online application, or mobile application, that offers or provides users with addictive feeds as a significant part of the provision of such website, online service, online application, or mobile application. 3. "Algorithmic recommendation" shall mean when a website, online service, online application, or mobile application, or a portion thereof, containing multiple pieces of media generated or shared by users, recommends, selects, or prioritizes certain media for display to a user, either concurrently or sequentially, based in whole or in part on information associated with such user or such user's device, but shall not include the following: (a) recommendations, prioritizations, or selections based on information that is not persistently associated with the user or user's device, and does not concern the user's previous interactions with media generated or shared by other users; (b) recommendations, prioritizations, or selections based on user-selected privacy or accessibility settings, or technical information concerning the user's device; (c) where the user expressly and unambiguously requested the specific media, media by the author, creator, or poster of media the user has subscribed to, or media shared by users to a page or group the user has subscribed to, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user's device that is not otherwise permissible under this subdivision; (d) where the user expressly and unambiguously requested that specific media, media by a specified author, creator, or poster of media the user has subscribed to, or media shared by users to a page or group the user has subscribed to pursuant to paragraph (c) of this subdivision, be blocked, prioritized, or deprioritized for display, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user's device that is not otherwise permissible under this subdivision; (e) where the media are direct and private communications; (f) where the media are recommended, selected, or prioritized only in response to a specific search inquiry by the user; (g) where the media recommended, selected, or prioritized for display is exclusively next in a pre-existing sequence from the same author, creator, poster, or source; or (h) where the recommendation, prioritization, or selection is necessary to comply with the provisions of this article and any regulations promulgated pursuant to this article. 4. "Autoplay" shall mean when a website, online service, online application, or mobile application plays one or more pieces of embedded media automatically, without the user explicitly selecting a play icon, on such service or application or a portion thereof. 5. "Covered minor" shall have the meaning set forth in subdivision three of section fifteen hundred of this chapter. 6. "Media" shall mean text, an image, or a video. 7. "Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform. 8. "User" shall mean a user of a website, online service, online application, or mobile application in New York, not acting as an operator, or agent or affiliate of the operator, of such website, online service, online application, or mobile application, or any portion thereof.

Section 1509 establishes the definitional framework for the SAFE for All Act. The key operative definitions are addictive social media platform (the covered product), operator (the covered entity), and algorithmic recommendation (the regulated behavior). The algorithmic recommendation definition is notable for its extensive carve-outs: user-requested content, subscription-based feeds, direct messages, search results, sequential content from a single source, and accessibility/privacy settings are all excluded. This significantly narrows the scope of what constitutes a regulated addictive feed.

Gen. Bus. Law § 1510

Required settings

Deployer

(1)–(4) 1 § 1510. Required settings. It shall be unlawful for an operator to provide an addictive social media platform to a user in this state unless such platform offers mechanisms through which a user may: 1. Turn off algorithmic recommendations; 2. Turn off notifications concerning an addictive feed, provided further that such mechanism shall, at a minimum, provide the user with the ability to turn off notifications overall or to turn off notifications between the hours of 12 AM Eastern and 6 AM Eastern; 3. Turn off autoplay on such platform; and 4. Limit such user's access to such platform to any length of day specified by such user, provided further that any mechanism which solely reminds such user of time spent on a platform rather than allowing such user to limit such user's access shall not be in compliance with this subdivision.

Section 1510 creates the bill's core affirmative obligation: operators must provide users with four specific control mechanisms — (1) an opt-out from algorithmic recommendations, (2) notification controls for addictive-feed notifications (including at minimum an overall off-switch and a nighttime off-switch from midnight to 6 AM Eastern), (3) an autoplay off-switch, and (4) a daily time-limit mechanism that actually restricts access rather than merely reminding the user of time spent.

The provision that a mere time-spent reminder does not satisfy the time-limit requirement is notable — it forecloses the approach many platforms currently take of displaying a pop-up that a user can dismiss.

Compliance actions 1 item

Operators must provide users with the following four control mechanisms on any addictive social media platform: (1) a mechanism to turn off algorithmic recommendations; (2) a mechanism to turn off notifications concerning an addictive feed, including at minimum the ability to turn off notifications entirely or to turn off notifications between 12 AM and 6 AM Eastern; (3) a mechanism to turn off autoplay; and (4) a mechanism that allows the user to set a daily time limit that actually restricts access to the platform for the user-specified duration. A mechanism that solely reminds the user of time spent without restricting access does not satisfy the time-limit requirement.

CP-01.2

Gen. Bus. Law § 1511

Prohibition of dark patterns

Deployer

(1) 2 § 1511. Prohibition of dark patterns. 1. The settings required in section fifteen hundred ten of this article shall be presented in a clear and accessible manner on an addictive social media platform. It shall be unlawful for such platform to deploy any mechanism or design which intentionally inhibits the purpose of this article, subverts user choice or autonomy, or makes it more difficult for a user to exercise their rights under any of the prescribed settings in section fifteen hundred ten of this article.

(2) 3 2. It shall be unlawful for an addictive social media platform to deploy any mechanism or design which intentionally serves to make it more difficult for a user to deactivate, reactivate, suspend, or cancel such user's account or profile.

Section 1511 contains two distinct prohibitions. Subdivision 1 requires that the § 1510 user-control settings be presented in a clear and accessible manner and prohibits any mechanism or design that intentionally inhibits the article's purpose, subverts user choice or autonomy, or makes it more difficult for users to exercise the prescribed settings. Subdivision 2 independently prohibits mechanisms or designs that intentionally make it more difficult for users to deactivate, reactivate, suspend, or cancel their accounts.

Both subdivisions target intentional design choices — negligent usability friction is not covered. The account-management dark pattern prohibition in subdivision 2 is independent of the § 1510 settings and protects the full account lifecycle.

Compliance actions 2 items

Operators must present the required user-control settings (algorithmic recommendations, notifications, autoplay, time limits) in a clear and accessible manner. Operators must not deploy any mechanism or design that intentionally inhibits the purpose of the SAFE for All Act, subverts user choice or autonomy, or makes it more difficult for a user to exercise the prescribed settings.

CP-01.3

Operators must not deploy any mechanism or design that intentionally makes it more difficult for a user to deactivate, reactivate, suspend, or cancel the user's account or profile on the addictive social media platform.

CP-01.3

Gen. Bus. Law § 1512

Applicability of the SAFE for Kids Act

§ 1512. Applicability of the SAFE for kids act. Nothing in this article shall be construed or interpreted to override, supplant, or conflict with any of the provisions of the SAFE for kids act contained in article forty-five of this chapter.

Section 1512 is a savings clause that preserves the existing SAFE for Kids Act (Article 45 of the General Business Law). It ensures this article does not override, supplant, or conflict with existing minor-specific protections. This creates no new compliance obligation.

Gen. Bus. Law § 1513

Scope

(1) § 1513. Scope. 1. This article shall apply to conduct that occurs in whole or in part in New York. For purposes of this article, conduct takes place wholly outside of New York if the addictive social media platform is accessed by a user who is physically located outside of New York.

(2) 2. Nothing in this article shall be construed to impose liability for commercial activities or actions by operators subject to 15 USC § 6501 that is inconsistent with the treatment of such activities or actions under 15 USC § 6502.

Section 1513 establishes the geographic scope and a federal preemption carve-out. Subdivision 1 applies the article to conduct occurring in whole or in part in New York, with an exclusion for users physically located entirely outside the state. Subdivision 2 disclaims liability inconsistent with the federal Children's Online Privacy Protection Act (COPPA, 15 USC §§ 6501–6502), acknowledging federal preemption for COPPA-covered activities. These are jurisdictional provisions that create no independent compliance obligation.

Gen. Bus. Law § 1514

Rulemaking authority

§ 1514. Rulemaking authority. The attorney general shall promulgate rules and regulations to effectuate and enforce the provisions of this article.

Section 1514 grants the attorney general rulemaking authority to promulgate rules and regulations to effectuate and enforce the article. This is an enabling provision for the enforcement authority and does not create a compliance obligation for operators.

Gen. Bus. Law § 1515

Remedies

(1) § 1515. Remedies. 1. On or after the effective date of this article, whenever it appears to the attorney general, upon complaint or otherwise, that any person, within or outside the state, has violated the provisions of this article, the attorney general may bring an action or special proceeding in the name and on behalf of the people of the state of New York to enjoin any such violation, to obtain restitution of any moneys or property obtained directly or indirectly by any such violation, to obtain disgorgement of any profits or gains obtained directly or indirectly by any such violation, to obtain damages caused directly or indirectly by any such violation, to obtain civil penalties of up to five thousand dollars per violation, and to obtain any such other and further relief as the court may deem proper, including preliminary relief.

(2) 2. The attorney general shall maintain a website to receive complaints, information, and/or referrals from members of the public concerning an operator's or addictive social media platform's alleged compliance or noncompliance with the provisions of this article.

Section 1515 establishes the enforcement and remedies framework. Subdivision 1 authorizes the attorney general to bring enforcement actions upon complaint or otherwise, seeking injunctive relief (including preliminary relief), restitution, disgorgement, damages, and civil penalties of up to $5,000 per violation. Subdivision 2 requires the attorney general to maintain a public complaint website for members of the public to report compliance or noncompliance. No private right of action is created — enforcement is exclusively through the attorney general.

Deceptive Conduct AI-generated likeness · consent requirements

3 items

CP-01.2