NY SAFE for Kids Act — Proposed Rules on Age Verification & Parental Consent

In June 2024 Governor Kathy Hochul signed two laws aimed at protecting minors online: the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the New York Child Data Protection Act. The New York Attorney General’s office has now published an advanced notice of proposed rulemaking that explains how the SAFE for Kids Act could be implemented in practice. Public comment is open until December 1, 2024.

Key points of the proposed rules

• Age verification: Platforms would need to confirm a user’s age before showing algorithmically-curated (“addictive”) feeds or sending nighttime notifications to minors. The AG expects commercially reasonable and technically feasible approaches, and requires at least one method that does not rely on government-issued ID or reveal a user’s identity.
• Nighttime notifications: The proposal restricts algorithmic feed notifications to minors during late-night hours (the advanced notice references prohibiting notifications from midnight to 6 a.m. without parental consent).
• Parental consent: Minors must request parental permission to access algorithmic feeds or receive nighttime notifications. If a parent denies consent, platforms may not block general access to the service or content — they may only restrict the algorithmic feed/notifications. Both minors and parents can revoke consent at any time.
• Enforcement: The Attorney General would enforce the rules; the ANPRM and legal summaries note potential penalties for violations (as provided in the law).

Where to read the proposed rules

Official advanced notice (PDF) from the New York Attorney General’s office: ag.ny.gov — SAFE for Kids Act ANPRM (PDF)

Why this matters

The rules aim to reduce youth exposure to potentially harmful algorithmic content and limit late-night engagement that may affect sleep and mental health. They also try to balance privacy and practicality by allowing non‑ID verification methods.

How you can respond

The public comment period closes December 1, 2024. Parents, educators, industry groups, young people, and other stakeholders are encouraged to review the ANPRM and submit comments to the Attorney General’s office during the notice-and-comment period.

Questions for readers

Do you think the proposed rules are sufficient to protect kids online? What verification methods would you accept as effective yet privacy-preserving? Share your thoughts below.

Source: New York Attorney General — advanced notice of proposed rulemaking for the SAFE for Kids Act (see link above).