AG James taking comments on digital rules to protect children

ALBANY, N.Y. (NEXSTAR) — The Office of Attorney General Letitia James (OAG) wants feedback from New Yorkers. You can comment, make suggestions, and provide information about new rules taking shape for kids online.

The OAG released advanced notice of proposed rulemaking for the SAFE for Kids Act and the NY Child Data Protection Act , digital safety laws aimed at protecting minors. The comment period lets kids, parents, tech professionals, and social media companies weigh in before the end of September:

• SAFE for Kids Act email
• Child Data Protection Act email

The Attorney General—responsible for coming up with rules for websites, apps, and platforms—will focus on restricting some social media features and blocking the collection of kids’ data. The new laws require parental consent to target addictive algorithms at children’s feeds.

According to James’ office, social media algorithms use personal data to target users with content and advertising designed to ensnare their attention. Unsophisticated young people exploring online are more vulnerable to data brokers that secretly snatch their locations or identities.

“The research is clear: there’s a disturbing link between prolonged social media use and youth depression, anxiety, and suicidal ideation,” State Sen. Andrew Gounardes said in July. “Keeping kids online with content they didn’t sign up for has nothing to do with free speech or an open internet: it’s a cash grab.”

Tracking them without consent and selling their private information without their knowledge affects their well-being, according to the OAG. This in turn worsens the mental health crisis in New York and across the country.

“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. “Our children are enduring a mental health crisis and the government needs to step up and take action.”

Gounardes and Rozic sponsored the bills— S7694A / A8148A and S7695B / A8149A —in the New York State Legislature, where they drew unanimous support from both sides of the aisle. “I was proud to sponsor and pass legislation that will serve as a national model for how to protect our children from Big Tech,” Gounardes said. “We need robust public participation for these rules to achieve their vital goals and keep New Yorkers safe.”

Gov. Kathy Hochul signed both into law on June 20. “Our efforts in New York are accelerating a national conversation on youth mental health and social media,” she said in a written statement about the OAG’s advanced notice of proposed rulemaking. “Just one month after New York became the first state to act against addictive feeds, the Senate passed federal legislation to protect children nationwide .”

On Tuesday, Sen. Majority Leader Chuck Schumer announced the passage of bipartisan federal protections for kids online. They include:

• Letting kids opt out of the algorithm
• Giving parents control of their kids’ info
• Requiring independent audits and a dedicated way to report harmful behavior
• Limiting toxic content like self-harm, eating disorders, sexual exploitation, and drugs and alcohol
• Raising the age when internet companies can collect data without permission
• Banning ads aimed at kids and teens
• Creating a way to erase kids’ data

Schumer’s office office called it the biggest federal tech regulation in decades. Below, check out his speech about the topic on the Senate Floor on Tuesday:

A U.S. Surgeon General advisory showed that kids on social media for over three hours a day experience higher rates of depression, anxiety, poor sleep, and low self-esteem. And a 2021 study showed that 77% of New York City high schoolers spend three or more hours a day online.

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