Platforms would keep addictive features from children under 16

Covered platforms would not provide addictive features to users under 16. Covered platforms are services where addictive features are a significant part of what they offer. Services limited to transactions or reviews, and feeds mainly used for cloud storage, are excluded. A platform may let an under-16 user create or keep an account if it provides no addictive features.

Covered platforms would delete accounts and personal information for users under 16, subject to an exception. The rules cover accounts held by users younger than 16 on covered platforms. This requirement does not apply when the platform lets the user have an account without addictive features. A minor could request account termination, or a confirmed parent or guardian could request it; the platform would have to act within five or ten business days, respectively. Personal information about a terminated account must be deleted unless the law requires it to be kept. A platform would have to end an account within five business days after a minor's request or ten business days after a confirmed parent or guardian's request.

Platforms would verify a user's age before providing an addictive feature. The requirement applies to covered platforms before they provide an addictive feature to a user. Platforms would follow age assurance rules established elsewhere in state law.

The attorney general could sue, and a minor account holder could bring a civil case, over knowing or reckless violations. The attorney general could act against a person or organization inside or outside New York. A minor account holder could bring a case on the minor's behalf. The attorney general could seek up to $50,000 per violation; a minor's case could seek up to $10,000 per violation. A court could award punitive damages for a pattern of knowing and reckless violations. Neither type of case could begin earlier than 180 days after the article takes effect. A minor's case must be filed within one year after the violation was known, or reasonably should have been known.

A five-member commission would study other addictive features and report recommendations each year. The commission would advise the attorney general about addictive features not already covered. The governor and legislative leaders would appoint the members. They would receive no pay but could be repaid for necessary expenses; staff pay would depend on available appropriations. The commission would meet at least twice a year and publish its findings and recommendations by December 1 each year.