WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
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.
(1)–(8) For the purposes of this article, the following terms shall have the following meanings: 1. "Addictive feedAddictive feed"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.Gen. Bus. Law § 1509(1)" shall mean a regularly updated stream of algorithmic recommendationsAlgorithmic recommendation"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.Gen. Bus. Law § 1509(3) that a userUser"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.Gen. Bus. Law § 1509(8) encounters on a website, online service, online application, mobile application, or portion thereof. 2. "Addictive social media platformAddictive social media platform"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.Gen. Bus. Law § 1509(2)" shall mean a website, online service, online application, or mobile application, that offers or provides usersUser"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.Gen. Bus. Law § 1509(8) with addictive feedsAddictive feed"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.Gen. Bus. Law § 1509(1) as a significant part of the provision of such website, online service, online application, or mobile application. 3. "Algorithmic recommendationAlgorithmic recommendation"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.Gen. Bus. Law § 1509(3)" shall mean when a website, online service, online application, or mobile application, or a portion thereof, containing multiple pieces of mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) generated or shared by usersUser"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.Gen. Bus. Law § 1509(8), recommends, selects, or prioritizes certain mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) for display to a userUser"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.Gen. Bus. Law § 1509(8), either concurrently or sequentially, based in whole or in part on information associated with such userUser"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.Gen. Bus. Law § 1509(8) or such userUser"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.Gen. Bus. Law § 1509(8)'s device, but shall not include the following: (a) recommendations, prioritizations, or selections based on information that is not persistently associated with the userUser"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.Gen. Bus. Law § 1509(8) or userUser"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.Gen. Bus. Law § 1509(8)'s device, and does not concern the userUser"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.Gen. Bus. Law § 1509(8)'s previous interactions with mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) generated or shared by other usersUser"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.Gen. Bus. Law § 1509(8); (b) recommendations, prioritizations, or selections based on userUser"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.Gen. Bus. Law § 1509(8)-selected privacy or accessibility settings, or technical information concerning the userUser"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.Gen. Bus. Law § 1509(8)'s device; (c) where the userUser"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.Gen. Bus. Law § 1509(8) expressly and unambiguously requested the specific mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6), mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) by the author, creator, or poster of mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) the userUser"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.Gen. Bus. Law § 1509(8) has subscribed to, or mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) shared by usersUser"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.Gen. Bus. Law § 1509(8) to a page or group the userUser"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.Gen. Bus. Law § 1509(8) has subscribed to, provided that the mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the userUser"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.Gen. Bus. Law § 1509(8) or the userUser"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.Gen. Bus. Law § 1509(8)'s device that is not otherwise permissible under this subdivision; (d) where the userUser"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.Gen. Bus. Law § 1509(8) expressly and unambiguously requested that specific mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6), mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) by a specified author, creator, or poster of mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) the userUser"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.Gen. Bus. Law § 1509(8) has subscribed to, or mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) shared by usersUser"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.Gen. Bus. Law § 1509(8) to a page or group the userUser"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.Gen. Bus. Law § 1509(8) has subscribed to pursuant to paragraph (c) of this subdivision, be blocked, prioritized, or deprioritized for display, provided that the mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the userUser"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.Gen. Bus. Law § 1509(8) or the userUser"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.Gen. Bus. Law § 1509(8)'s device that is not otherwise permissible under this subdivision; (e) where the mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) are direct and private communications; (f) where the mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) are recommended, selected, or prioritized only in response to a specific search inquiry by the userUser"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.Gen. Bus. Law § 1509(8); (g) where the mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) 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. "AutoplayAutoplay"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.Gen. Bus. Law § 1509(4)" shall mean when a website, online service, online application, or mobile application plays one or more pieces of embedded mediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6) automatically, without the userUser"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.Gen. Bus. Law § 1509(8) explicitly selecting a play icon, on such service or application or a portion thereof. 5. "Covered minorCovered minor"Covered minor" shall have the meaning set forth in subdivision three of section fifteen hundred of this chapter.Gen. Bus. Law § 1509(5)" shall have the meaning set forth in subdivision three of section fifteen hundred of this chapter. 6. "MediaMedia"Media" shall mean text, an image, or a video.Gen. Bus. Law § 1509(6)" shall mean text, an image, or a video. 7. "OperatorOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7)" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platformAddictive social media platform"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.Gen. Bus. Law § 1509(2). 8. "UserUser"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.Gen. Bus. Law § 1509(8)" shall mean a user of a website, online service, online application, or mobile application in New York, not acting as an operatorOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7), or agent or affiliate of the operatorOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7), of such website, online service, online application, or mobile application, or any portion thereof.
Section 1509 establishes the defined terms for the SAFE for All Act. The definitions are critical to determining the scope of the bill. Addictive social media platform is defined broadly to cover any website, online service, or mobile application that provides addictive feeds — regularly updated streams of algorithmic recommendations — as a significant part of its service. Algorithmic recommendation is defined with eight enumerated carve-outs that narrow its reach, excluding chronological feeds, user-requested content, direct messages, search results, sequential content, and accessibility-related personalization. The Operator definition covers any person, business, or legal entity that operates or provides such a platform.
(1)–(4) 1 It shall be unlawful for an operatorOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7) to provide an addictive social media platformAddictive social media platform"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.Gen. Bus. Law § 1509(2) to a userUser"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.Gen. Bus. Law § 1509(8) in this state unless such platform offers mechanisms through which a userUser"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.Gen. Bus. Law § 1509(8) may: 1. Turn off algorithmic recommendationsAlgorithmic recommendation"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.Gen. Bus. Law § 1509(3); 2. Turn off notifications concerning an addictive feedAddictive feed"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.Gen. Bus. Law § 1509(1), provided further that such mechanism shall, at a minimum, provide the userUser"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.Gen. Bus. Law § 1509(8) 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 autoplayAutoplay"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.Gen. Bus. Law § 1509(4) on such platform; and 4. Limit such userUser"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.Gen. Bus. Law § 1509(8)'s access to such platform to any length of day specified by such userUser"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.Gen. Bus. Law § 1509(8), provided further that any mechanism which solely reminds such user of time spent on a platform rather than allowing such userUser"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.Gen. Bus. Law § 1509(8) to limit such userUser"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.Gen. Bus. Law § 1509(8)'s access shall not be in compliance with this subdivision.
Section 1510 is the bill's core operative provision. It makes it unlawful for an operator to provide an addictive social media platform to a New York user unless the platform offers four specific user-control mechanisms: (1) a toggle to turn off algorithmic recommendations, (2) a toggle to turn off notifications concerning an addictive feed — with a minimum option to disable notifications between midnight and 6 AM Eastern, (3) a toggle to turn off autoplay, and (4) a mechanism allowing the user to set a daily time limit on platform access. The time-limit mechanism must actually restrict access, not merely remind the user of time spent.
(1) 2 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 platformAddictive social media platform"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.Gen. Bus. Law § 1509(2). It shall be unlawful for such platform to deploy any mechanism or design which intentionally inhibits the purpose of this article, subverts userUser"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.Gen. Bus. Law § 1509(8) choice or autonomy, or makes it more difficult for a userUser"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.Gen. Bus. Law § 1509(8) to exercise their rights under any of the prescribed settings in section fifteen hundred ten of this article.
(2) 3 It shall be unlawful for an addictive social media platformAddictive social media platform"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.Gen. Bus. Law § 1509(2) to deploy any mechanism or design which intentionally serves to make it more difficult for a userUser"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.Gen. Bus. Law § 1509(8) to deactivate, reactivate, suspend, or cancel such userUser"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.Gen. Bus. Law § 1509(8)'s account or profile.
Section 1511 contains two distinct prohibitions. Subdivision 1 requires that the settings mandated by Section 1510 be presented clearly and accessibly, and prohibits deployment of any mechanism or design that intentionally inhibits the article's purpose, subverts user choice or autonomy, or makes it more difficult for a user to exercise their rights under the prescribed settings. Subdivision 2 is a standalone prohibition on dark patterns that make it more difficult for a user to deactivate, reactivate, suspend, or cancel their account or profile — separate from the algorithmic-settings context.
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 clarifying that nothing in the SAFE for All Act overrides, supplants, or conflicts with the SAFE for Kids Act (Article 45 of the General Business Law). This provision creates no independent compliance obligation.
(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 platformAddictive social media platform"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.Gen. Bus. Law § 1509(2) is accessed by a userUser"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.Gen. Bus. Law § 1509(8) who is physically located outside of New York.
(2) Nothing in this article shall be construed to impose liability for commercial activities or actions by operatorsOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7) 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 of the article and includes a COPPA savings clause. Subdivision 1 provides that the article applies to conduct occurring in whole or in part in New York and clarifies that conduct occurs wholly outside New York only if the user is physically located outside the state. Subdivision 2 is a savings clause ensuring that the article does not impose liability inconsistent with COPPA (15 USC §§ 6501–6502). Neither provision creates an independent compliance obligation.
The attorney general shall promulgate rules and regulations to effectuate and enforce the provisions of this article.
Section 1514 grants the Attorney General authority to promulgate rules and regulations to effectuate and enforce the provisions of the article. This provision creates no independent compliance obligation on operators; it delegates rulemaking authority to the enforcement agency.
(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) The attorney general shall maintain a website to receive complaints, information, and/or referrals from members of the public concerning an operatorOperator"Operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.Gen. Bus. Law § 1509(7)'s or addictive social media platformAddictive social media platform"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.Gen. Bus. Law § 1509(2)'s alleged compliance or noncompliance with the provisions of this article.
Section 1515 establishes the enforcement framework. Subdivision 1 authorizes the Attorney General to bring actions or special proceedings for injunctive relief, restitution, disgorgement, damages, civil penalties up to $5,000 per violation, and any other relief the court deems proper. No private right of action is created. Subdivision 2 requires the Attorney General to maintain a public complaint website for receiving information about operator compliance or noncompliance.