New York Enacts the SAFE for Kids Act
10 JULY 2024 | ZAC SOTO
On June 20, 2024, New York Governor Kathy Hochul signed the Stop Addictive Feeds Exploitation for Kids Act (the “SAFE for Kids Act”) into law. The SAFE for Kids Act imposes new responsibilities on “covered operators”, defined as parties who operate or provide an “addictive social media platform.”
Addictive Feeds
Addictive feeds, or algorithmically driven feeds, are regulated under the SAFE for Kids Act. The SAFE for Kids Act further defines “addictive feeds” as any Online Service, or portion thereof, where “multiple pieces of media generated or shared by users” are “recommended, selected, or prioritized for display” based on information associated with the user or their device, unless any of the following conditions are met:
- The recommendation, prioritization, or selection is 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;
- The recommendation, prioritization, or selection is based on user-selected privacy or accessibility settings, or technical information concerning the user’s device;
- 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;
- 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;
- The media is direct and private communications;
- The media is recommended, selected, or prioritized only in response to a specific search inquiry by the user;
- 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
- The recommendation, prioritization, or selection is necessary to comply with the provisions of, and any regulations promulgated pursuant to, the SAFE for Kids Act.
- Enjoin any violations of the SAFE for Kids Act;
- Obtain restitution for any money or property obtained directly or indirectly from such violations;
- Disgorge any profits obtained directly or indirectly from such violations, including destruction of unlawfully obtained data;
- Seek damages caused directly or indirectly by such violations;
- Impose civil penalties of up to $5,000 per violation; or
- Seek any other relief deemed appropriate by the court, including preliminary relief.
New York Enacts the SAFE for Kids Act
10 JULY 2024 | ZAC SOTO
On June 20, 2024, New York Governor Kathy Hochul signed the Stop Addictive Feeds Exploitation for Kids Act (the “SAFE for Kids Act”) into law. The SAFE for Kids Act imposes new responsibilities on “covered operators”, defined as parties who operate or provide an “addictive social media platform.”
Addictive Feeds
Addictive feeds, or algorithmically driven feeds, are regulated under the SAFE for Kids Act. The SAFE for Kids Act further defines “addictive feeds” as any Online Service, or portion thereof, where “multiple pieces of media generated or shared by users” are “recommended, selected, or prioritized for display” based on information associated with the user or their device, unless any of the following conditions are met:
- The recommendation, prioritization, or selection is 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;
- The recommendation, prioritization, or selection is based on user-selected privacy or accessibility settings, or technical information concerning the user’s device;
- 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;
- 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;
- The media is direct and private communications;
- The media is recommended, selected, or prioritized only in response to a specific search inquiry by the user;
- 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
- The recommendation, prioritization, or selection is necessary to comply with the provisions of, and any regulations promulgated pursuant to, the SAFE for Kids Act.
- Enjoin any violations of the SAFE for Kids Act;
- Obtain restitution for any money or property obtained directly or indirectly from such violations;
- Disgorge any profits obtained directly or indirectly from such violations, including destruction of unlawfully obtained data;
- Seek damages caused directly or indirectly by such violations;
- Impose civil penalties of up to $5,000 per violation; or
- Seek any other relief deemed appropriate by the court, including preliminary relief.
New York Enacts the SAFE for Kids Act
10 JULY 2024 | ZAC SOTO
On June 20, 2024, New York Governor Kathy Hochul signed the Stop Addictive Feeds Exploitation for Kids Act (the “SAFE for Kids Act”) into law. The SAFE for Kids Act imposes new responsibilities on “covered operators”, defined as parties who operate or provide an “addictive social media platform.”
Addictive Feeds
Addictive feeds, or algorithmically driven feeds, are regulated under the SAFE for Kids Act. The SAFE for Kids Act further defines “addictive feeds” as any Online Service, or portion thereof, where “multiple pieces of media generated or shared by users” are “recommended, selected, or prioritized for display” based on information associated with the user or their device, unless any of the following conditions are met:
- The recommendation, prioritization, or selection is 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;
- The recommendation, prioritization, or selection is based on user-selected privacy or accessibility settings, or technical information concerning the user’s device;
- 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;
- 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;
- The media is direct and private communications;
- The media is recommended, selected, or prioritized only in response to a specific search inquiry by the user;
- 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
- The recommendation, prioritization, or selection is necessary to comply with the provisions of, and any regulations promulgated pursuant to, the SAFE for Kids Act.
- Enjoin any violations of the SAFE for Kids Act;
- Obtain restitution for any money or property obtained directly or indirectly from such violations;
- Disgorge any profits obtained directly or indirectly from such violations, including destruction of unlawfully obtained data;
- Seek damages caused directly or indirectly by such violations;
- Impose civil penalties of up to $5,000 per violation; or
- Seek any other relief deemed appropriate by the court, including preliminary relief.