Public Input Sought for Rules on Social Media Laws

By Kayleigh Anderson

New York Attorney General Letitia James has issued two advanced notices of proposed rulemaking for the recently signed children’s online safety laws to protect minors on social media platforms and websites. These notices will provide parents, children, advocates, stakeholders, social media companies, and tech industry professionals with the opportunity to submit comments, suggestions, information, and data about the rules that the Office of the Attorney General (OAG) is charged with creating to protect New York children online.

The two laws both direct OAG to generate rules to ensure that children are protected against the addictive features of social media platforms, and that websites and mobile apps cannot collect and share children’s personal data.

Major social media companies rely on algorithmic feeds, which are designed to harness personal data to serve users content to keep them on the platform for as long as possible.

These algorithmic feeds have increased the addictive nature of social media platforms and heightened the risk to young users’ wellbeing. Children are also vulnerable to having their location and other personal data tracked, shared, and sold online. This data, which is used without consent and often without knowledge, fuels a multi-billion dollar advertising industry targeted at minors.

The mental health crisis impacting children, the tracking and selling of private information, and poor sleep quality concerns due to excessive social media usage all spurred James and New York government leaders to take action. To address these concerns, Attorney General James helped draft and advance historic legislation that was introduced in October 2023.

The two bills, sponsored by Senator Andrew Gounardes (D-Brooklyn) and Assemblymember Nily Rozic (D-Flushing), and signed into law by Governor Kathy Hochul, both direct OAG to draft rules that will help ensure social media companies have to secure parental consent to use addictive algorithms on social media feeds for children under 18. Additionally, the new laws direct OAG to issue rules so that children will not have their personal data tracked, collected, and sold by websites or mobile apps.

“When I signed our nation-leading laws to combat addictive social media feeds and keep kids safe online, I made it clear that New York would act swiftly to deliver strong protections for our young people,” Hochul said. “Our efforts in New York are accelerating a national conversation on youth mental health and social media. … As New York’s first mom governor, I’ll never stop fighting for our kids. I look forward to seeing our laws in action and pushing for continued progress at the federal level.”

Major social media companies rely on algorithmic feeds, which are designed to harness personal data to serve users content to keep them on the platform for as long as possible. These algorithmic feeds have increased the addictive nature of social media platforms and heightened the risk to young users’ well-being. Children are also vulnerable to having their location and other personal data tracked, shared, and sold online. This data, which is used without consent and often without knowledge, fuels a multibillion-dollar advertising industry targeted at minors.

“New Yorkers are looking to this office to protect children on social media apps and online, and the rules we are drafting will do precisely that,” said James. “By offering everyone, supporters and opponents of the recently signed legislation, the opportunity to submit comments and information, my office will ensure that we can better address concerns and priorities.”