New Yorkers will soon need to verify their age to access algorithmic feeds

New York Attorney General Letitia James released final rules to implement the SAFE for Kids Act, signed by Governor Kathy Hochul in June 2024. The law takes effect on January 25, 2027, and non-compliance could cost platforms up to $5,000 per violation.

The rules apply to social media platforms with user-generated content where algorithmic feeds account for at least 20% of user time. To provide adults with algorithmic feeds or notifications between midnight and 6 AM, platforms must verify users' ages using a method that meets accuracy standards: low false positive rates and ability to detect circumvention attempts 98% of the time. Platforms can accept government-issued IDs but must also offer at least one other verification method. Information collected for age checks must be immediately deleted or de-identified.

For minors, the rules detail parental consent processes. Users under 18 can request parental permission for age-gated features, and parents must be notified. However, platforms cannot block minors from non-gated parts or specific searches if parents withhold consent. Both parties may withdraw consent, and platforms are not required to show search history to obtain consent.

The final rules largely mirror the initial September proposal. Opponents warn age verification could infringe on privacy and free speech. Courts have often blocked similar state laws, but the Supreme Court recently upheld a Texas law requiring age verification for adult websites, signaling potential support for such requirements.