New York seeks public feedback for kids social media safety law draft

Submit your feedback to help shape New York's children's online safety rules

August 5, 2024 Robert Abruzzese, Courthouse Editor
Attorney General Letitia James is seeking public feedback on new rules to protect children from harmful social media features and data collection. Photo: Bebeto Matthews/AP
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New York is asking for public comments on new rules to protect children from harmful social media features and data collection.

On August 1, 2024, the New York State Attorney General’s Office issued two Advanced Notices of Proposed Rulemaking (ANPRM) for the SAFE for Kids Act and the Child Data Protection Act. These steps aim to protect children from addictive social media features and safeguard their personal data online.

Attorney General Letitia James has invited parents, children, advocates and tech industry professionals to submit comments and data over the next 60 days to help shape these rules. This input will inform the formal rulemaking process required under the New York State Administrative Procedures 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.”

The SAFE for Kids Act targets the addictive nature of algorithmic social media feeds, which have been linked to increased depression, anxiety and other mental health issues among minors. The law requires social media platforms to provide users under 18 with a default chronological feed and obtain parental consent before personalizing content for minors. It also restricts notifications during late-night hours without parental consent.

The Child Data Protection Act aims to protect children’s privacy by prohibiting the collection, use, sharing or selling of personal data of minors for advertising purposes without informed consent. Operators of websites, online services, and mobile apps must comply with these rules, ensuring that children’s data is only processed when strictly necessary.

State Sen. Andrew Gounardes, a sponsor of the legislation, praised the move.

“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. “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.”

The ANPRMs provide a series of questions for stakeholders to address, ensuring comprehensive feedback. Following the 60-day comment period, the Attorney General’s office will begin the formal rulemaking process, including an additional public comment period after the proposed rules are published in the State Register.

Stakeholders can submit their comments to [email protected] for the SAFE for Kids Act and [email protected] for the Child Data Protection Act by September 30, 2024.

Social media and youth mental health: a U.S. Surgeon General’s advisory

The U.S. Surgeon General’s 2023 advisory warns about several dangers of social media use for children and teenagers, especially concerning their mental health.

First, spending too much time on social media can harm kids’ mental health. Studies show that teens who use social media for more than three hours a day are more likely to feel depressed and anxious. The constant engagement can make them feel worse about themselves and their lives.

Second, the kind of content kids see on social media can be harmful. They can easily come across extreme and inappropriate content, like videos or posts about self-harm and suicide. Seeing this kind of material can make these behaviors seem normal and can be particularly harmful to kids who are already struggling with their mental health.

Third, social media often makes kids compare themselves to others, leading to body image issues and eating disorders. Many teenagers, especially girls, feel bad about their bodies after looking at photos and videos online. This comparison can lead to low self-esteem, depression, and unhealthy eating habits.

Fourth, social media can expose kids to dangerous people. There are adults who use these platforms to exploit children, either by trying to get them to send inappropriate pictures or by threatening to share their private information unless they pay money. This kind of harassment and abuse is especially harmful to girls and transgender youth, who often feel sad, anxious, and scared as a result.

Finally, using social media too much can disrupt important activities like sleeping and paying attention in school. Social media apps are designed to keep kids hooked, with features like notifications and endless scrolling. 

This can lead to compulsive use, where kids feel like they can’t stop checking their phones. This behavior can cause sleep problems, making it hard for kids to get the rest they need, and can also make them feel left out and distracted.

The U.S. Surgeon General’s 2023 advisory provides practical steps for teens and parents to navigate social media safely while urging them to advocate for stronger protections from their elected officials. Parents are advised to create family media plans that set clear boundaries for social media use, establish tech-free zones, and model responsible social media behavior. 

They should also educate their children about the benefits and risks of social media, encouraging open discussions about their online experiences and ensuring they know how to report cyberbullying and online abuse. 

Teens should limit their screen time, especially before bed, and be cautious about sharing personal information online. They should also seek help from trusted adults if they encounter harmful content or interactions on social media.

The advisory encourages parents and teens to advocate for stronger regulations to protect youth online. They should urge their elected officials to enforce age-appropriate health and safety standards for social media platforms, demand higher data privacy standards, and ensure transparency from tech companies about the health impacts of their platforms. 

Additionally, they should call for the creation of scientific advisory committees to inform policies aimed at protecting children online. By pushing for these changes, families can help create a safer digital environment for all children and adolescents.


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