Attorney General James Provides Opportunity to Comment on Rulemaking Efforts to Protect Children Online  

NEW YORK – New York Attorney General Letitia James today 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, sponsored by Senator Andrew Gounardes and Assemblymember Nily Rozic, and advanced by Attorney General James in October 2023, 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. Stakeholders will have 60 days to submit comments and information to OAG, and can also e-mail ProtectNYKidsOnline@ag.ny.gov regarding the SAFE for Kids Act, and ChildDataProtection@ag.ny.gov regarding the Child Data Protection Act.

“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.”

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 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, sponsored by Senator Andrew Gounardes and Assemblymember Rozic, and signed into law by Governor 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.  

“I was proud to sponsor and pass legislation that will serve as a national model for how to protect our children from Big Tech. For these laws to succeed, we need strong rules that safeguard young people's private information and ensure social media companies can’t keep forcing toxic content into children’s feeds,” said bill sponsor Senator Andrew Gounardes. “I applaud Attorney General James for moving quickly and ensuring an open, transparent rulemaking process. I encourage all New Yorkers to take advantage of this process to share comments and ideas. We need robust public participation for these rules to achieve their vital goals and keep New Yorkers safe.”

“The passage of child online safety legislation earlier this year was a momentous occasion and a clear signal that in New York, we will always put the needs of our children ahead of corporate profits,” said bill sponsor Assemblymember Nily Rozic. “I was proud to sponsor this legislation and work with my colleagues to have both bills secure resounding support and be signed into law. Now that Attorney General James has started the rulemaking process, we are in position to ensure the lofty goals of these new laws to protect our children on social media and ensure their private information is secure will truly be realized. I commend Attorney General James for her leadership on this issue and thank her for moving swiftly to ensure New York not only has the best legislation to protect kids, but also the strongest and most workable rules to hold tech companies accountable.”

“To truly protect the well-being of New York kids and families, we need to set strong rules and guidelines that limit Big Tech companies' ability to keep kids glued to their devices,” said Danny Weiss of Common Sense Media, the lead advocacy organization that helped pass the SAFE for Kids Act and the NY Child Data Protection Act. “That's why we are pleased to see Attorney General James move quickly to get the rulemaking process underway, and take extra steps to foster broad participation in this effort. We look forward to submitting our views and priorities, and encourage all New York families, as well as the big tech companies themselves, to take advantage of this open process and contribute their own insights. Thank you, Attorney General James, and everyone who helped ensure these great pieces of legislation were passed into law and can now take effect.” 

The advanced notices of proposed rulemaking announced by Attorney General James, while not required, are an opportunity for all involved stakeholders to provide comments, information, and useful data that will help guide the rulemaking process and results. Over the next 60 days, anyone will be able to visit the OAG website, and e-mail ProtectNYKidsOnline@ag.ny.gov regarding the SAFE for Kids Act, and ChildDataProtection@ag.ny.gov regarding the Child Data Protection Act, to review questions, provide answers, and offer input on how to generate rules that will safeguard children while also standing up to judicial scrutiny. When the 60-day advanced notice of proposed rulemaking process concludes, OAG will begin the formal process that every state agency must follow before rules can become effective, including submitting the proposed rules for publication in the State Register. The public will then have at least 60 days from the date of publication to provide comments. Before the rules can become final, OAG must provide an assessment of the public comments received about the rules.

Attorney General James would like to thank the brave children, young adults, and parents who shared their personal experiences and helped demonstrate the need for the SAFE for Kids Act and the Child Data Protection Act. Attorney General James also thanks the advocacy groups who worked tirelessly to support the passage of these bills, including Common Sense Media, Mothers Against Media Addiction, and the New York Society for the Prevention of Cruelty to Children.  

This action is part of Attorney General James’ ongoing efforts to protect New Yorkers online and address concerns with social media companies. In March 2024, Attorney General James led a bipartisan coalition of 41 attorneys general in urging Meta to address the rise of Facebook and Instagram account takeovers by scammers and frauds. In October 2023, Attorney General James and a bipartisan coalition of 32 attorneys general filed a federal lawsuit against Meta for harming young people’s mental health and contributing to the youth mental health crisis. In July 2023, she led a multistate coalition of attorneys general to defend the federal government’s ability to communicate with social media companies about dangerous online content. In April 2023, Attorney General James released a comprehensive guide to help businesses adopt effective data security measures to better protect New Yorkers’ personal information. Attorney General James also joined a bipartisan coalition of 44 attorneys general urging Facebook to abandon plans to launch a version of Instagram for children under the age of 13. In October 2022, Attorney General James investigated and released a report on the role online platforms played in the Buffalo mass shooting.