Bill Text: NY S04848 | 2023-2024 | General Assembly | Introduced


Bill Title: Prohibits interactive computer service providers from knowingly promoting content to a targeted user and with the intention of developing the content, cause the user extreme emotional harm, physical injury or financial injury.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INTERNET AND TECHNOLOGY [S04848 Detail]

Download: New_York-2023-S04848-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4848

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 15, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Internet and Technology

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          interactive  computer  service  providers from knowingly developing or
          promoting content that is dangerous or injurious

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  394-cccc to read as follows:
     3    §  394-cccc.  Interactive  computer  service;    developing  injurious
     4  content.  1. As used in this section, the following terms shall have the
     5  following meanings:
     6    (a) "Interactive computer service" means a  service  provider,  which,
     7  for  profit-making  purposes  operates  an  internet  platform  that  is
     8  designed to disseminate public content generated by a third-party;
     9    (b) "Content" means the textual, visual or aural information  that  is
    10  generated by a third-party or the interactive computer service provider;
    11    (c)  "Promote" means to present or otherwise convey third-party-gener-
    12  ated or interactive computer service  provider-generated  content  to  a
    13  target user;
    14    (d)  "User"  means any person who is located in the state who utilizes
    15  an interactive computer service provider's platform;
    16    (e) "Platform" means an application or website developed by an  inter-
    17  active  computer  service  provider that acts as an intermediary between
    18  users and a third-party to disseminate content;
    19    (f) "Target user" means a person  who  uses  an  interactive  computer
    20  service   and whom the interactive computer service provider targets for
    21  the purpose of sending a developed message; and
    22    (g) "Target, targets, targeted, or targeting" means conveying  content
    23  to  a  target  user  solely  on  the  basis of their personal data which
    24  includes, but is not limited, to a target user's:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03781-01-3

        S. 4848                             2

     1    (i) location data, whether general or precise,  including:    (A)  the
     2  time  of day in the user's current or predicted future location; (B) the
     3  weather in the user's current or  predicted  future  location;  (C)  the
     4  local businesses in the user's current or future predicted location; (D)
     5  the  natural,  artificial,  or  planned  events in the user's current or
     6  future predicted location;  (E)  political  preferences  in  the  user's
     7  current or future predicted location; and/or (F) landmarks in the user's
     8  current or future predicted location;
     9    (ii)  income  related  activities,  including the user's:   (A) income
    10  level; (B) profession; (C) employment  status;  (D)  source  of  income;
    11  and/or (E) investments;
    12    (iii)  relationship status, including whether the user is: (A) single;
    13  (B) married; (C) divorced; (D) engaging in an affair; (E) in a  domestic
    14  partnership; (F) engaged; (G) in a romantic or intimate social relation-
    15  ship;  and/or  (H)  contemplating  or is in the process of terminating a
    16  relationship;
    17    (iv) social status, including whether the user: (A) is a public  offi-
    18  cial;  (B)  is  a public figure; (C) is a limited purpose public figure;
    19  (D) is involuntarily thrust into  the  public  domain;  (E)  receives  a
    20  significant  amount  of  engagements on the interactive computer service
    21  provider's platform; and/or (F)  receives  an  insignificant  amount  of
    22  engagements  or  is  within  a  specific threshold of engagements on the
    23  interactive computer service provider's platform;
    24    (v) psychological profile, whether generated  based  on  psychological
    25  conditions  set  by the interactive computer service provider, or unique
    26  or generally accepted psychological conditions;
    27    (vi) veteran status, including whether the user: (A) has served in the
    28  armed forces of the United States or another country; (B)  is  currently
    29  serving in the armed forces of the United States or another country; (C)
    30  has  been  discharged,  whether honorably, for medical reasons or other-
    31  wise; and/or (D) is not a veteran nor a member of the  armed  forces  of
    32  the United States or another country;
    33    (vii)  medical  condition  or status, including the user's: (A) mental
    34  state; (B) physical state; (C) emotional state; and/or (D) frequency  of
    35  their receipt of medical care;
    36    (viii) sex;
    37    (ix) gender;
    38    (x) national origin;
    39    (xi) age;
    40    (xii) race;
    41    (xiii) religion; and/or
    42    (ix)  familial  demographics, including: (A) whether the user is preg-
    43  nant or expecting a child; (B) the  demographic  makeup  of  the  user's
    44  family; (C) the number of people in the user's family; (D) the emotional
    45  relationship  between family members; and/or (E) an immediate or distant
    46  relative's social status, veteran status, medical status  or  psycholog-
    47  ical  profile,  relationship  status,  income related activities, income
    48  level, location data, age, sex, gender, race, national origin, religion,
    49  or familial status as described in this paragraph;
    50    (h) "Developed" or "Developing" shall mean:
    51    (i) the interactive computer service provider generating  or  altering
    52  visible portions of content or a group of content; or
    53    (ii)  the  interactive computer service provider sufficiently altering
    54  the meaning of content or a group of content generated by third  parties
    55  through  the calculated targeting of the specific person such that a new

        S. 4848                             3

     1  message is deemed to be created  by  the  interactive  computer  service
     2  provider.
     3    2.  An interactive computer service provider that conducts business in
     4  this state shall not knowingly:
     5    (a) promote any content to a targeted user; and
     6    (b) with the intention of developing the content, cause:  (i)  extreme
     7  emotional harm; (ii) physical injury, including self-inflicted injury or
     8  injury  resulting  from  addiction  whereby  the  content being promoted
     9  created the addiction or  encouraged  such  user  to  indulge  in  their
    10  addiction;  (iii)  financial  injury, including self-inflicted financial
    11  injury and financial injury resulting from addiction whereby the content
    12  being promoted created the addiction or encouraged such user to  indulge
    13  in their addiction; or (iv) any other severe, cognizable injury that the
    14  interactive  computer  service  provider  could reasonably foresee would
    15  occur as a result of them promoting the developed message.
    16    3. Any interactive computer service provider  who  willfully  violates
    17  any  provision  of  this  section shall be liable in a civil action to a
    18  target user for any actual, physical or  emotional  harm  incurred  from
    19  such  violation  and incur a civil penalty of up to ten thousand dollars
    20  for each offense. In making a determination of any violation pursuant to
    21  this section, the attorney general may take and make a determination  on
    22  the  relevant  facts,  and  issue subpoenas in accordance with the civil
    23  practice law and rules.
    24    4. Nothing in this section shall be construed as:  (a)  an  obligation
    25  imposed  on  an  interactive  computer  service  provider that adversely
    26  affects the rights or freedoms of any persons including  exercising  the
    27  right  of  free speech granted by the New York state constitution or the
    28  United States Constitution; (b) creating any liability for  an  interac-
    29  tive computer service provider for promoting content to non-target users
    30  based  solely  on  their  location  and/or  time  data; (c) creating any
    31  liability for an interactive computer  service  provider  for  promoting
    32  content  that  is not sufficiently developed to be deemed a violation of
    33  the provisions of subdivision two of this section; or (d)  creating  any
    34  liability  for  an  interactive  computer service provider for promoting
    35  injurious developed content in another state.
    36    § 2. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.
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