A new legislative development in New York could soon compel social media companies to employ robust age verification systems before granting users access to certain features of their platforms. On Monday, Attorney General Letitia James introduced a detailed set of proposed regulations connected to the recently enacted Stop Addictive Feeds Exploitation (SAFE) For Kids Act. These rules, if adopted, would obligate platforms to verify whether an individual is at least 18 years of age before allowing that person to engage with algorithmically generated feeds or receive notifications during overnight hours.
The SAFE For Kids Act, signed into law last year by Governor Kathy Hochul, was conceived as part of a broader campaign to safeguard the psychological and emotional well-being of children and adolescents. This legislation aligns New York with a growing patchwork of state-level attempts across the United States to regulate the relationship between minors and digital services. Nevertheless, many of these initiatives have encountered formidable obstacles, including intense legal disputes and widespread concerns regarding the extent to which user privacy may be compromised by intrusive age-checking mechanisms.
The legal climate, however, may be undergoing a period of transition. Recent rulings from the U.S. Supreme Court have upheld measures permitting age-gating requirements for adult entertainment websites, a precedent that could extend to social media platforms. At the same time, other states are moving in parallel directions. California is poised to approve legislation mandating that device manufacturers and app marketplaces take responsibility for age verification, while states such as South Dakota and Wyoming have already begun imposing obligations on platforms hosting sexual or explicit content to confirm users’ ages.
The proposed framework in New York stipulates that accounts belonging to either unverified individuals or minors under 18 must be limited to chronological timelines consisting solely of posts from followed accounts, explicitly excluding algorithmically curated content designed to maximize engagement. Furthermore, social platforms would be prohibited from sending push notifications between midnight and 6 a.m., a rule intended to prevent late-night digital distractions. Regulators have requested public input to assist in determining precisely how a “nighttime notification” should be defined. Importantly, platforms are permitted flexibility in the verification method, provided the technique is both demonstrably effective and protective of sensitive personal data. Rather than requiring a government-issued identification card, which raises significant confidentiality concerns, companies must also furnish at least one alternative. Options might include the use of biometric recognition systems, such as a facial scan capable of estimating whether a user is likely to be an adult.
For minors who wish to access so-called “addictive” algorithm-driven feeds, parental oversight becomes essential. Parents or guardians would be obligated to complete a verification procedure nearly identical to that applied to users themselves. Once either a child’s or parent’s identity is confirmed, platforms would be legally required to expunge all identifying data immediately, a mandate that underscores the law’s stated commitment to protecting informational privacy.
The scope of the SAFE For Kids Act is tied to how platforms structure their content delivery tools. Specifically, it will be enforced against companies that not only host user-generated content but also attract users who dedicate at least 20 percent of their time to browsing personalized feeds. According to the 2023 iteration of the legislation, an “addictive feed” is defined as one that selects or prioritizes content based on personal information or device-related data. This phrasing potentially brings within its reach virtually all of the major global platforms, such as Instagram, TikTok, and YouTube, each of which relies heavily on algorithmic curation. Violations could expose offending companies to penalties of up to $5,000 per instance, in addition to facing other legal consequences.
Despite its enactment, the SAFE For Kids Act will not be immediately enforceable. The issuance of these proposed regulations initiates a 60-day period during which the public may submit commentary. Following this stage, the Attorney General’s office is granted up to one year to finalize the rules. Only after completion of this process will the law officially come into force, approximately 180 days after the regulations are adopted. Yet, before the law can effectively reshape digital landscapes, it will likely face fierce scrutiny and legal contestation. Industry group NetChoice, which routinely challenges age-verification statutes nationwide, has previously condemned New York’s law as an infringement on free expression, characterizing it as an “assault on free speech.” Similarly, digital rights advocates at the Electronic Frontier Foundation have argued that such measures erect significant barriers to lawful adult access, thus impeding the free flow of information and undermining rights guaranteed by the First Amendment.
Ultimately, whether the SAFE For Kids Act represents a protective measure essential for preserving the mental health of young people or a controversial encroachment upon digital freedoms will likely be determined both in courts of law and in the broader societal debate over the responsibilities of online platforms in a rapidly evolving technological world.
Sourse: https://www.theverge.com/news/778177/ny-safe-act-online-age-verification-social-media-proposed-rules
