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A06974 Summary:

BILL NOA06974
 
SAME ASSAME AS S04506
 
SPONSORBores
 
COSPNSRSteck, Clark
 
MLTSPNSR
 
Add Art 45-A §§1509 - 1515, Gen Bus L
 
Enacts the "Stop Addictive Feeds Exploitation (SAFE) for all act"; requires a setting which allows a social media user to turn off algorithmic recommendations and other notifications; prohibits the use of dark patterns to subvert choice or inhibit users from accessing certain mechanisms.
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A06974 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6974
 
SPONSOR: Bores
  TITLE OF BILL: An act to amend the general business law, in relation to enacting the Stop Addictive Feeds Exploitation (SAFE) for all act   PURPOSE OR GENERAL IDEA OF BILL: To create a healthier and more ethical digital landscape by, allowing users to turn off algorithmic feeds and other predatory features meant to extend time spent on social media   SUMMARY OF PROVISIONS: Section one of this bill names it the Stop Addictive Feeds Exploitation (SAFE) for All Act. Section two of the bill adds a new article 45-A to General Business Law (GBL). Section 1509 of Article 45-A sets definitions. The SAFE for All Act shall apply to all addictive social media platforms, defined as a website, online service, online application, or mobile application that is accessed by a user in this state and offers an addictive feed as a significant part of the provision of such website, service, or applica- tion, mirroring the scope provisions in the SAFE for Kids Act (Article 45 of General Business Law). Section 1510 of Article 45-A provides that all addictive social media platforms shall establish a mechanism by which users can turn off algo- rithmic recommendations in their feed, turn off notifications on the platform (this setting shall at a minimum contain an option for a user to turn off notifications altogether and an option for users to. set a "quiet mode" overnight between 12:00am and 6:00am), turn off autoplay, and set screen time limits that lock a user out of a platform, at such user's discretion. A setting which simply reminds a user of time spent on the platform rather than allowing them to limit access shall not count as a screen time limit. Section 1511 of Article 45-A requires the above described settings to be clear and easily accessible for users. Addictive social media platforms shall not deploy dark patterns, or design choices that serve to inten- tionally inhibit user choice and suppress the ability to exercise rights under Section 1510 of the article. Common examples of dark. patterns that might apply in this bill include misleading language that doesn't clearly describe what a given setting is intended to do (trick wording), preselected default options which nudge users into choosing a given setting over another, or visual inferences that obscure opt-out icons or present them in illegibly small font (Davis, Matt. "9 Dark Pattern Exam- ples to Look out For." www.osano.com, 1 Dec. 2023). Subdivision two of section 1511 provides that addictive social media platforms shall not deploy dark patterns that make it harder for a user to deactivate, reactivate, suspend, or cancel an account. Section 1512 of Article 45-A provides that nothing in this act shall be construed to override, supplant, or conflict with the provisions of the SAFE for Kids Act in Article 45 of GBL. This means that addictive social media companies would still be required to undergo commercially reason- able age verification under Section 1501 of GBL to determine whether or not a user is a minor. For all users under the age of 18, the provisions of Article 45 shall apply and apps must switch off feeds and overnight notifications for minors by default in addition to creating a setting by which all users can access the feature customizations prescribed in the new Article 45-A. Section 1513 of Article 45-A provides that this act shall apply to conduct that occurs in whole or in part in New York. Section 1514 of Article 45-A requires the New York State Attorney Gener- al to promulgate regulations to effectuate and enforce the provisions of this act. Section 1515 of Article 45-A creates remedies. The Attorney General can pursue damages of $5,000 per instance of noncompliance with the act. Section three of this bill is a severability clause. Section four of this bill sets the effective date.   JUSTIFICATION: Much has been written about the impact of social media on teen mental health, with the US Surgeon General declaring the link between social media and anxiety, depression, and insomnia in young people to be so strong that he famously called it unsafe for kids in a May 2023 public health advisory (Social Media and Youth Mental Health: The U.S. Surgeon General's Advisory. (2023). U.S. Surgeon General, https://www.hhs,aovisites/default/files/sa-vouth-mental-health-social-me dia-advisory.pdf. ). Yet the negative repercussions of excessive social media use do not affect only those under the age of 18, with multiple studies. showing similar links between social media use and depression in adult users as well (O'Donnell, E. (2022, February 7). Social Media Use and Adult Depression Harvard Magazine. Www.harvardmagazine.com.https://www.harvardmagazine.com/2022/02/right-no w-soci al-media-adult-depression). Worldwide, more than 59% of the popu- lation uses social media, with the average individual dedicating around two and a half hours a day to social media apps, and 40% of people between the ages of 18 and 22 reported that they felt "addicted" to social media in one 2019 study (Bergman, M. (2023, December 4). Why is Social Media Addictive? Social Media Victims Law Center. jittps://socialmediavictims,orgisocial-media-addiction/why-is-social-med ia-addictive/). One need not travel far to find the reasons for such feelings of addiction, as technologists and regulators alike describe a series of deliberate design choices driven by an understanding of the human brain and its dopamine loops (Brooks, J. (2017, June 9). 7 Specific Tactics Social Media Companies Use to Keep You Hooked. KQED. https://www. Wed -you-hooked). Notifications, for example, deploy what psychologists call a "variable rewards system" to keep users compulsively checking their phones, in the same way that gamblers compulsively pull the lever of a slot machine at a casino. Features such as video autoplay and infinite scroll are based on a study involving trick bowls of soup, in which eater subjects whose bowls were Imperceptibly refilled as they ate wound up consuming 73% more soup than those who received the visual cue of an empty bowl. Machine-driven algorithms combine all of the above tech- niques with a "fear of missing out" (FOMO), collecting hordes of personal data on users to drive personalized content to the top of their feeds so that they keep checking the app as frequently as possible. Lacking a moral compass, these machines will frequently recommen d content related to violence, cyberbullying, self-harm, eating disorders, and body dysmorphia if they have detected that the user may be more susceptible to engaging with such content. In the words of one former Google engineer, social media companies have engaged in a "race to the bottom of the brain stem," tapping our most primitive emotions of fear; anxiety, and loneliness in order to maximize user engagement (Cooper, A. (2017, April 9). What is "brain hacking"? Tech insiders on why you should care. Cbsnews.com. https://www.cbsnews.com/news/brain-hacking-tech-insiders-60-minutes/). New York State recently took action to curtail Silicon Valley's worst impulses.with the passage of the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (Ch. 120 of 2024), which turns off social media's user-personalization algorithms for all users under the age of 18 by default, unless a parent switches them back on. This bill, the Stop Addictive Feeds Exploitation (SAFE) for All Act, extends similar protections to older users, by requiring social media platforms to allow all users to turn off their algorithm. Feeds would then resort to being chronological, displaying content of pages and accounts that a user has proactively decided to follow rather than suggesting new content to which they haven't subscribed (note that while social media algorithms perform a number of functions, ranking content based on virality, recen- cy, originality, image or video quality, community guidelines, and reporting by other users, the SAFE for All Act is narrowly focused on algorithms that promote content based on information specific to a user or their device rather than these other data points) (Alyssa Gagliardi. (2024, March 21). This is How The lnstagram Algorithm Works in 2019. Later Blog. httos://later.com/blog/how-instacram-algorithm-works/). The SAFE for All Act would also require all social media platforms servicing users in the state to allow users to turn off notifications and autoplay as well as to set screen time limits that restricts a user's access to a platform if the user so chooses. Platforms would be unable to hide these prescribed settings behind dark patterns, which the Federal Trade Commission (FTC) describes as "design practices that trick or manipulate users into making decisions they would not otherwise have made" (Gorman, F., Chapin, B., Jacob, R., & May, J. M. (2023, August 14). FTC Targets "Dark Patterns" in Actions Against Amazon and Publish- ers Clearing House. Www.wilmerhale.com; WilmerHale. https://www.wilmerhale.com/insights/client-alerts/20230814-ftc-targets-d ark-patterns-inactions-aqainst-amazon-and-oublishers-clearino-house). The subject of several recent FTC lawsuits which call these patterns illegal under various consumer protection statutes, dark patterns in the context of the SAFE for All Act might appear as misleading language that doesn't clearly describe what a given setting is intended to do (trick wording), preselected default options which nudge users into choosing a given setting over another, or visual inferences that obscure opt- out icons or present them in illegibly small font (Davis, Matt. "9 Dark Pattern Examples to Look out For." Www.osano.com, 1 Dec, 2023). Plat- forms would be further prohibited from deploying dark patterns to prevent users from deactivating, reactivating, suspending, or canceling an account, such as limiting account deactivations or refusing to let users cancel one social media account without also canceling another one owned by the same company. Enforcement would be vested in the Office of the Attorney General, which is well-equipped to investigate allegations of misconduct as the entity also enforcing the SAFE for Kids Act. In curbing the most egregious features of the apps increasingly dominat- ing our global politics, psychology, economy, and forms of socializa- tion, the SAFE for All Act empowers users by allowing them to design their app experience in the manner that they see fit. While not specific to users under the age of 18, in empowering all users to customize features such as autoplay, notifications, algorithmic feeds, and screen time limits, this bill promotes child safety by fostering digital liter- acy amongst adults. The more deftly adults are able to navigate their own social media experience and understand its impact on their mental health and productivity, the more likely they are to have these critical conversations with and activate digital well-being features for their children as well. In summary, the SAFE for All Act prioritizes user autonomy over time spent on the app, sending a clear signal to some of the most profitable companies of the world that New Yorkers are not willing to boost their bottom line at the expense of their mental health and well-being.   PRIOR LEGISLATIVE HISTORY: None   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after the office of the attorney general shall promulgate rules and regulations necessary to effectuate the provisions of this act.
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