New York took a major step this week toward enacting new social media restrictions for kids and teens after the state finalized rules that curb access to a number of “addictive” design features.
The law, called the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, aims to protect youth mental health by limiting algorithmic feeds and nighttime notifications, which can encourage young users to open applications and keep scrolling well past their bedtimes. It takes effect in January.
The guardrails, passed by the legislature more than two years ago with bipartisan support, tasked the New York attorney general with drafting the final rules. The rule-making process concluded on Tuesday.
“Social media companies, you’re now on notice,” Gov. Hochul said at a press conference in Brooklyn to announce the regulations.
“Any platform that attempts to bombard our young people with addictive feeds or to monetize their mental health — which is exactly what’s going on — will face legal action.”
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What does the law do?
The SAFE for Kids Act requires that social media companies obtain parental consent before granting young people under 18 access to algorithmic feeds and push notifications between midnight and 6 a.m..
Algorithmic feeds have been shown to keep users on platforms for longer by using personal data to serve unlimited content customized to them. New York officials say the feature may drive “unhealthy levels of social media use” that ultimately harm young people’s mental health, according to a news release from the governor’s office.
If a parent denies permission, the platform will automatically revert to a chronological feed of posts shared by people the child already follows, resembling social media apps before the rise of algorithms. Young people will continue to have access to search functions.
The law is slated to take effect January 25, 2027, with the rules that will govern compliance now in place.
Which platforms are subject to the new requirements?
Under the final rules issued Tuesday by Attorney General Letitia James, the new restrictions apply to any social media platform where users spend more than 20% of their time on an algorithmic feed.
Those applications and websites include Facebook, Instagram, YouTube, TikTok, Snapchat and X, according to a news release from State Sen. Andrew Gounardes (D-Brooklyn), a co-sponsor of the bill in Albany.
How will parental consent work?
Young people who want access to algorithmic feeds or nighttime notifications have to consent to their parent or legal guardian being notified. Users without parental consent will still have access to the platform, just not the restricted features.
In order to give consent, parents must verify their age. That’s cause for concern regarding privacy among some experts — more on that below.
How will tech companies be held liable?
For companies that violate the SAFE for Kids Act, the law authorizes the attorney general to file lawsuits and seek civil penalties of up to $5,000 per violation, according to a news release.
How is the industry responding?
In the run-up to the law’s passage and the rule-making process that followed, the tech sector has defended its existing protections for children and lobbied state officials for more flexibility in how the rules are implemented.
Adam Kovacevich, CEO of Chamber of Progress, a national tech industry coalition that describes itself as center-left, praised the rules for offering companies flexibility, but disagreed with the law’s big idea: “It still treats algorithmic feeds as the problem.”
Tech:NYC President Julie Samuels said her local tech industry group — which counts Meta, TikTok and Snapchat among its members — is still reviewing the rules and supports their goal.
“But we’re continuing to evaluate how key provisions, including the age verification requirements, would work in practice,” said Samuels, who’s also involved with the Chamber of Progress, “and whether they can achieve that goal without creating unintended consequences for New York companies, consumers, and families.”
What do experts say?
Children’s advocates have largely praised the law for taking action against a worsening youth mental health crisis and its attention to social media as one of the culprits.
“New York is setting a national standard for protecting kids online by focusing on curbing addictive social media feeds and limiting late-night notifications that disrupt childrens sleep and well-being,” said James Steyer, founder and CEO of Common Sense Media. “There is more work to do to protect kids from the risks of AI and social media, but this law and its final rules are groundbreaking.”
But some experts still have questions about the rules themselves, with the complex process of age verification an area sparking concern.
Aliya Bhatia, a senior policy analyst at the Center for Democracy & Technology, said the rules “leave several essential questions open for companies to answer,” such as whether to use biometric data and if those methods are “proportionate” to the risks posed by algorithms and push notifications.
“Many age assurance methods raise fundamental concerns by enabling further data collection on all New Yorkers, not just children,” Bhatia said.
Allie Bohm, senior policy counsel at the New York Civil Liberties Union, believes the law requires parents to reveal their age and identity to give consent and risks “chilling controversial speech.”
“We all share the goal of protecting young people online,” said Bohm, “but the SAFE for Kids Act poses unacceptable privacy risks to adults and youth alike and limits free speech.”
Whether the regulations put adults at risk is still up for debate. Iain Corby, executive director of the Age Verification Providers Association, a trade body of 35 service providers, said the rules as written do not require users to disclose personal information.
“This new rule ensures that users can conveniently prove their age without revealing their identity, using cryptographic techniques through a wide choice of methods, not only physical ID documents,” Corby said.
Will the law face legal challenges?
If history is any guide, before the restrictions go into effect, the SAFE for Kids Act may have to withstand lawsuits, similar to those filed in other states that have aimed to crack down on social media.
Bohm of NYCLU said, despite James’ “careful” rule-making, the law requires tech companies to collect sensitive information and encroaches on First Amendment and privacy rights: “For these reasons, courts across the country have struck down age assurance laws almost everywhere they’ve been enacted.”
NetChoice, which has filed lawsuits against related statues across the United States, did not say if they have plans to formally challenge New York’s law — but criticized the measure in a statement.
“Similar laws targeting algorithms and content moderation in the name of keeping kids ‘safe’ have already been overturned or are being challenged in other states, because they’re categorically unconstitutional,” said Amy Bos, vice president of government affairs at NetChoice.
James has said the regulations can stand up to legal challenges.
