Bill Text: NY S01177 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires website operators to allow minors who have posted certain content to remove such content; defines terms; requires website operators to provide notice to all minors that such minors may remove, or request removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users; makes exceptions; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S01177 Detail]
Download: New_York-2019-S01177-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1177 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring website operators to allow minors who have posted certain content to remove such content 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 2 390-bb to read as follows: 3 § 390-bb. Social media removal by website operators. 1. For the 4 purposes of this section the following terms shall have the following 5 meanings: 6 (a) "Minor" means a person under the age of twenty-one who resides in 7 this state. 8 (b) "Operator" means any person or entity that owns an Internet 9 website, online service, online application, or mobile application. It 10 does not include any third party that operates, hosts, or manages, but 11 does not own, an Internet website, online service, online application, 12 or mobile application on the owner's behalf or processes information on 13 the owner's behalf. 14 (c) "Posted" means content or information that can be accessed by a 15 user in addition to the minor who posted the content or information, 16 whether the user is a registered user or not, of the Internet website, 17 online service, online application, or mobile application where the 18 content or information is posted. 19 2. An operator of an Internet website, online service, online applica- 20 tion, or mobile application directed primarily to minors or an operator 21 of an Internet website, online service, online application, or mobile 22 application that has actual knowledge that a minor is using its Internet 23 website, online service, online application, or mobile application shall 24 do all of the following: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06559-01-9S. 1177 2 1 (a) Permit minors who are users of such websites or applications to 2 remove or request to the operator of the website to remove any content 3 that they have created or posted to the website. Users older than twen- 4 ty-one shall be permitted to remove or request to the operator of the 5 website to remove any content created or posted when the user was under 6 twenty-one except when that content was created or posted more than 7 twenty years before the request was made; 8 (b) Provide notice to all minors who are registered users of the oper- 9 ator's Internet website, online service, online application, or mobile 10 application that the minor may remove or, if the operator prefers, 11 request and obtain removal of, content or information posted on the 12 operator's Internet website, online service, online application, or 13 mobile application by the registered users; 14 (c) Provide clear instructions to minors who are registered users of 15 the operator's Internet website, online service, online application, or 16 mobile application on how the user may remove or, if the operator 17 prefers, request and obtain the removal of content or information posted 18 on the operator's Internet website, online service, online application, 19 or mobile application; and 20 (d) Provide notice to minors who are registered users of the opera- 21 tor's Internet website, online service, online application, or mobile 22 application that the removal described under paragraph (a) of this 23 subdivision does not ensure complete or comprehensive removal of the 24 content or information posted on the operator's Internet website, online 25 service, online application, or mobile application by the registered 26 users. 27 3. An operator or a third party is not required to erase or otherwise 28 eliminate, or to enable erasure or elimination of, content or informa- 29 tion in any of the following circumstances: 30 (a) Any other provision of federal or state law requires the operator 31 or third party to maintain the content or information; 32 (b) The content or information was stored on or posted to the opera- 33 tor's Internet website, online service, online application, or mobile 34 application by a third party other than the minor, who is a registered 35 user, including any content or information posted by the registered user 36 that was stored, republished, or reposted by the third party; 37 (c) The operator anonymizes the content or information posted by the 38 minor who is a registered user, so that the minor who is a registered 39 user cannot be individually identified; 40 (d) The minor does not follow the instructions provided to the minor 41 pursuant to paragraph (c) of subdivision two of this section on how the 42 registered user may request and obtain the removal of content or infor- 43 mation posted on the operator's Internet website, online service, online 44 application, or mobile application by the registered user; and 45 (e) The minor has received compensation or other consideration for 46 providing the content. 47 4. This section shall not be construed to limit the authority of a law 48 enforcement agency to obtain any content or information from an operator 49 as authorized by law or pursuant to an order of a court of competent 50 jurisdiction. 51 5. An operator shall be deemed complaint with this section if: 52 (a) It renders the content or information posted by the minor user no 53 longer visible to other users of the service and the public even if the 54 content or information remains on the operator's servers in some form.S. 1177 3 1 (b) Despite making the original posting by the minor user invisible, 2 it remains visible because a third party has copied the posting or 3 reposted the content or information posted by the minor. 4 6. This section shall not be construed to require an operator of an 5 Internet website, online service, online application, or mobile applica- 6 tion to collect age information about users. 7 § 2. This act shall take effect immediately.
