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AG Seeks Comments on Rulemaking Efforts to Protect Kids Online

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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 the Office of the Attorney General 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. Stakeholders will have 60 days to submit comments and information to OAG, and can also e-mail [email protected] regarding the SAFE for Kids Act, and [email protected] regarding the Child Data Protection Act.

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 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 Attorney General 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 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.

“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 Attorney General 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. I helped draft and advance the SAFE for Kids Act and Child Data Protection Act because our children are enduring a mental health crisis and the government needs to step up and take action. I encourage all New Yorkers to offer comments, information, and priorities over the next 60 days as we kick off the rulemaking process.”

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