EPIC Recommends Strengthening Privacy- and Speech-Protective Age Assurance Principles in Comments to New York Attorney General

Yesterday EPIC filed comments to the New York Attorney General in response to the Notice of Proposed Rulemaking to implement the NY SAFE for Kids Act. The NY SAFE for Kids Act regulates two design features that harm minors online by maximizing engagement and disrupting daily functions: (1) nighttime push notifications, and (2) “addictive feeds,” otherwise known as engagement-maximizing algorithms that select and organize media for users based on users’ behavior on their platform rather than their explicit preferences.

EPIC offered recommendations to further strengthen privacy- and speech-protective age principles in the rules that would make the law’s protections more effective. Among the recommendations, EPIC suggested strengthening data minimization and non-discrimination requirements, improving user choice, and minimizing the number of users required to go through age assurance. Additionally, the Attorney General should consider adding an age assurance plan approval process for accountability and oversight. EPIC also urged the Attorney General to ensure that smaller platforms still comply with the law.

EPIC regularly advocates for privacy for minors online and platform accountability and governance policies that protect the speech, privacy, anti-discrimination, and safety rights of all internet users. Last year, EPIC filed comments in response to the Advanced Notice for Proposed Rulemaking urging the New York AG to prioritize privacy-protective age assurance and center data minimization in the rulemaking.