New Yorkers to Require Age Verification for Algorithmic Content Access
New Yorkers eager to enjoy curated feeds on Instagram or TikTok, or receive notifications in the wee hours, will soon need to verify their ages to access these features. The state’s Attorney General has unveiled final regulations for the SAFE for Kids Act, which was signed into law in June 2024. These rules provide a clearer framework for social media platforms on how to comply, including guidelines for determining user ages and obtaining parental consent for minors to access restricted features. The law is set to take effect on January 25, 2027, and non-compliance could result in fines of up to $5,000 per violation.
To enable access to algorithm-driven feeds or notifications between midnight and 6 AM for adults, platforms with user-generated content where users spend at least 20% of their time on algorithmic feeds must verify users’ ages using methods that meet specific accuracy standards. While the rules do not mandate a particular age verification method, they establish low false positive rates and require the ability to detect attempts to bypass age checks 98% of the time. One option for age verification could be a government-issued ID, but platforms must also provide at least one alternative. Any information collected for age verification must be deleted or anonymized immediately after use.
The regulations also outline how parental consent for accessing age-restricted features should function. Minors under 18 can request permission from their parents to access these features, and parents must be notified of such requests. However, platforms cannot prevent minors from using non-age-restricted sections of the app or searching for specific content solely because their parents have not consented to the age-restricted features. Both parents and minors have the right to withdraw consent, and platforms are not required to disclose any information about minors’ search histories or topics to obtain parental consent.
The final rules closely resemble the Attorney General’s initial proposal from September. However, with these regulations now finalized, opponents who argue that age verification could infringe on privacy and free speech rights may attempt to challenge them. Historically, courts have often sided with the tech industry in blocking similar state laws, although the Supreme Court has recently paved the way for age verification requirements by upholding a Texas law mandating it for access to adult websites.
