N.Y. Gen. Bus. Law § 1500

Current through 2024 NY Law Chapter 315
Section 1500 - [See Note] Definitions

For the purposes of this article, the following terms shall have the following meanings:

1. "Addictive feed" shall mean a website, online service, online application, or mobile application, or a portion thereof, in which multiple pieces of media generated or shared by users of a website, online service, online application, or mobile application, either concurrently or sequentially, are recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device, unless any of the following conditions are met, alone or in combination with one another:
(a) the recommendation, prioritization, or selection is based on information that is not persistently associated with the user or user's device, and does not concern the user's previous interactions with media generated or shared by other users;
(b) the recommendation, prioritization, or selection is based on userselected privacy or accessibility settings, or technical information concerning the user's device;
(c) the user expressly and unambiguously requested the specific media, media by the author, creator, or poster of media the user has subscribed to, or media shared by users to a or group the user has subscribed to, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user's device that is not otherwise permissible under this subdivision;
(d) the user expressly and unambiguously requested that specific media, media by a specified author, creator, or poster of media the user has subscribed to, or media shared by users to a or group the user has subscribed to pursuant to paragraph (c) of this subdivision, be blocked, prioritized or deprioritized for display, provided that the media is not recommended, selected, or prioritized for display based, in whole or in part, on other information associated with the user or the user's device that is not otherwise permissible under this subdivision;
(e) the media are direct and private communications;
(f) the media are recommended, selected, or prioritized only in response to a specific search inquiry by the user;
(g) the media recommended, selected, or prioritized for display is exclusively next in a pre-existing sequence from the same author, creator, poster, or source; or
(h) the recommendation, prioritization, or selection is necessary to comply with the provisions of this article and any regulations promulgated pursuant to this article.
2. "Addictive social media platform" shall mean a website, online service, online application, or mobile application, that offers or provides users an addictive feed as a significant part of the services provided by such website, online service, online application, or mobile application.
3. "Covered minor" shall mean a user of a website, online service, online application, or mobile application in New York when the operator has actual knowledge the user is a minor.
4. "Covered user" shall mean a user of a website, online service, online application, or mobile application in New York, not acting as an operator, or agent or affiliate of the operator, of such website, online service, online application, or mobile application, or any portion thereof.
5. "Media" shall mean text, an image, or a video.
6. "Minor" shall mean an individual under the age of eighteen.
7. "Covered operator" shall mean any person, business, or other legal entity, who operates or provides an addictive social media platform.
8. "Parent" shall mean parent or legal guardian.

N.Y. Gen. Bus. Law § 1500

Added by New York Laws 2024, ch. 120,Sec. 3, eff. on the 180th day after the office of the attorney general promulgates rules and regulations necessary to effectuate the provisions of this act.