The Reality of Imminent NY Social Regulations ─ The Battle Over Nighttime Notification Suspension and Age Verification: NY's Vision of a "Minor's Schedule"

The state of New York has released a proposed rule for implementing the new law "SAFE for Kids Act," which addresses the use of social media by minors. Under this proposal, parental consent is required for minors to view algorithm-based (personalized) feeds; without consent, only chronological displays of followed accounts will be shown. Notifications between midnight and 6 a.m. are also generally prohibited. The method for verifying age includes "age assurance," which encompasses age estimation (using AI to estimate based on facial, voice, or hand movements), age inference (using usage data), and age verification (using ID or official records), while self-reporting alone is not allowed. However, self-reporting as a minor is included for protection. For small and emerging companies, those with fewer than 5 million MAUs or fewer than 20,000 minor users are partially exempt. After a 60-day public comment period, if finalized, companies will be required to comply within 180 days, facing significant operational burdens such as maintaining records for 10 years. Proponents hope for improvements in the mental health of young people, while opponents express concerns about privacy, freedom of expression, and the erosion of anonymity. As other U.S. states and the EU also move towards strengthening age verification, New York's proposal could serve as a global "standard-setting" benchmark.