Comments on New York State’s Stop Addictive Feeds Exploitation (SAFE) Act
The Honorable Letitia James
New York State Attorney General
The Capitol
Albany, NY 12224
Re: Advanced Notice of Proposed Rulemaking pursuant to New York General Business Law section 1500 et seq
Dear Attorney General James:
Earlier this year, New York State passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. The bill proposes to prohibit social media companies from providing children with access to addictive feeds without parental consent. Similar to other attempts at curbing potential harm to children from social media use, this bill relies on a flawed approach that threatens children’s and adults’ freedom of expression and privacy.
The Woodhull Freedom Foundation is a national human rights organization focused on affirming sexual freedom as a fundamental human right. Decrim NY is a coalition of organizations dedicated to promoting the rights and safety of sex workers, massage workers, and survivors of human trafficking in New York State. We encourage you to re-examine the implications of the SAFE Act for free speech and privacy during the rulemaking period.
Woodhull has closely tracked the proliferation of bills that claim to be about protecting children online but have proven to be not only ineffective but frequently infringe on the rights of young people and adults. Bills similar to the one passed in New York have even been blocked on grounds that they violate social media users’ constitutional rights. This is particularly true for age verification bills, which require users to provide proof of being over 18 before accessing certain websites, including social media. In July, a judge blocked such a bill in Mississippi over concerns that the legislation was not tailored narrowly enough to meet its goals of safeguarding children online without interfering with adults’ and minors’ access to protected speech.
As the Office of the New York State Attorney General (OAG) is now soliciting comments on the SAFE for Kids Act as part of their Advanced Notice of Proposed Rulemaking procedures, Woodhull and Decrim NY submit these comments to urge caution in the implementation of this new law. A critical concern is the unequal effects laws like these have on community members, with BIPOC and LGBTQ+ youth at heightened risk for censorship. This type of legislation also ignores the growing research on the benefits of social media among LGBTQ+ youth who rely on it for building community and finding accurate sexual and reproductive health information, which they may be denied at school or from healthcare providers.
Woodhull and Decrim NY encourage Attorney General Letitia James to prioritize human rights during this crucial rulemaking period. Further, before implementing this, we encourage Attorney General James to consider the following additional steps:
- Conduct a thorough impact assessment on how these laws may affect vulnerable youth populations, particularly LGBTQ+ and BIPOC youth, who often rely on social media for community support and access to resources.
- Consult with youth advocacy organizations, mental health experts, and civil liberties groups to understand potential unintended consequences.
- Develop clear guidelines on what constitutes an “addictive feed” to avoid overly broad interpretations that could limit access to beneficial content.
- Create exemptions or special provisions for educational, health-related, and support-oriented content and platforms that serve the important needs of youth.
- Implement robust privacy safeguards around age verification methods to prevent creating new vectors for data collection on minors.
- Establish an accessible appeals process for youth or their guardians to challenge content restrictions they believe are unwarranted.
- Require transparency from social media companies on how they determine and implement age-appropriate content policies.
- Fund digital literacy programs to empower youth to navigate online spaces safely rather than relying solely on restrictions.
- Create a youth advisory council to provide ongoing input on the law’s implementation and impacts.
- Mandate regular reviews and reports on the effects of the law, focusing on the impacts on free speech, access to information, and online community-building for youth.
- Develop guidelines for social media companies on providing chronological feed options and greater user control over content curation algorithms.
- Establish clear standards for obtaining verifiable parental consent that don’t create undue barriers for youth from non-traditional family structures.
The goal should be protecting youth while preserving their rights to access information, express themselves, and build supportive communities online. Careful, nuanced implementation will be key to balancing these priorities.
Thank you for your time and attention.
Sincerely,
Woodhull Freedom Foundation
Decrim NY