New York details its plans for online age verification rules

Last year, New York joined the wave of states passing legislation aimed at protecting minors using the Internet, particularly social media. Governor Kathy Hochul the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the New York Child Data Protection Act in June 2024. Today, the state’s Attorney General Letitia James released more specifics about what the SAFE for Kids Act will entail in practice. Public comment is open until December 1 and the rules must be finalized within a year from that date.

In particular, the rule will require online platforms to confirm the ages of users before showing them algorithmically-curated feeds or sending them notifications at night. The Attorney General’s approach allows sites to choose their method of age verification, as long as the approach “are shown to be effective and protect users’ data.” New York will also require an age confirmation method that does not rely on having a government-issued ID.

There is also a component of parental consent in the SAFE for Kids Act. Minors must request a social media network to seek parental permission for accessing algorithmic feeds or receiving nighttime notifications. If parental consent is not granted, the platforms may not block minors from generally accessing their service or content. Both the minor and their parent may revoke their consent at any time.

“The proposed rules released by my office today will help us tackle the youth mental health crisis and make social media safer for kids and families,” James said in the announcement. “This is an issue that affects all of us, and I encourage parents, educators, young people, industry groups, and others to review the proposed rules and submit a comment during the public comment period.”