The New York Children’s Online Safety Act: A Game-Changer for Minors’ Digital Privacy

Nov 21, 2024 at 3:00 PM
The New York Children’s Online Safety Act is set to revolutionize the way platforms handle children’s online safety. By default, platforms will be required to make children’s profiles private, preventing strangers from easily accessing them. This is a crucial step in protecting the digital well-being of minors.

Key Players and Their Initiatives

New York State Sen. Andrew Gounardes is a driving force behind kids online safety laws. He has sponsored several important acts, such as the Stop Addictive Feeds Exploitation (SAFE) for Kids Act and the New York Child Data Protection Act. These initiatives aim to address the growing concerns about children’s online safety.The New York Children’s Online Safety Act (NYCOSA) is a comprehensive regulation that goes beyond traditional social media companies. It encompasses a wide range of online services used by minors, aiming to prevent strangers from contacting them and providing parents with more control over their children’s social media accounts.For kids under 13, sites will be required to let parents see and change privacy settings, approve all friend requests, and view connections. For minors under 18, they’ll have the right to approve financial transactions. This gives parents the tools they need to safeguard their children’s online activities.

Age Verification and Dark Patterns

Online age verification is a major regulatory issue. The NYCOSA bill asks platforms to implement “commercially reasonable and technically feasible age verification” while banning the use of “dark patterns” to discourage using these safety features. This ensures that platforms are taking active measures to protect children without compromising their privacy.However, defining “reasonable” age verification is a challenge. The attorney general is in charge of this, and Gounardes believes it shouldn’t require uploading a photo ID or storing large amounts of personal data. Platforms already have strategies to infer users’ ages based on their activity, and the bill takes this into account.

Broad Definition and Avoiding Legal Challenges

The broad definition of a covered platform in the NYCOSA is intentional. It aims to make the rule “content-neutral” and avoid triggering strict scrutiny under the First Amendment. This is crucial as many state-level laws regulating internet platforms have faced lawsuits and been blocked by courts.By avoiding specifying particular kinds of covered services, the NYCOSA provides flexibility while still addressing the core issues of children’s online safety. It allows for a more comprehensive approach that can adapt to the evolving landscape of online services.

Impact on Roblox and Other Platforms

Roblox, a massively popular social gaming platform, has been under increasing scrutiny. Gounardes’ bill specifically targets platforms like Roblox to ensure that children’s safety is not overlooked. Roblox has already taken steps in response to the growing regulatory pressure, such as prohibiting kids under 13 from sending private messages outside of games and requiring parental permission within games.Meta’s Instagram has also announced that all accounts for users under 18 will become default-private “Teen Accounts” with more restrictive settings. These developments show that companies are starting to take action in response to the public pressure for better children’s online safety.In conclusion, the New York Children’s Online Safety Act is a significant step forward in protecting the digital privacy of minors. It brings together various elements of online regulation and gives parents more control over their children’s online activities. As the digital landscape continues to evolve, such regulations are essential to ensure that children can safely explore the online world.