Gov. Kathy Hochul is prioritizing legislation this year that would require parental consent from online platforms both to collect personal data from minors and use predictive algorithms for children under 18.
Assemblywoman Nily Rozic, D-Queens, who authored the bill with state Sen. Andrew Gounardes and input from the attorney general and governor's office, says the feature is addictive and proven to cause mental health and developmental issues for young people.
"What we've seen is that kids live most of their lives online and that could be destructive,” Rozic said. “That could be anything from learning the wrong thing to getting the wrong information to thinking that your body should look a different way.”
While the governor focused on things like suicide prevention in her address this week, Rozic says a tragic example of the harmful power of the algorithms happened in Buffalo on May 14, 2022. Lawsuits claim the teen shooter in the massacre was radicalized while on social media platforms.
"We don't know the despair and the dark part of social media because it's never-ending,” Rozic said. “It's kind of an endless pool of addictive features.”
Without consent, teens would have only have access to an alternative timeline of people and media they follow, posted in chronological order. American University social media professor Jason Mollica said safeguards are important but wonders if the legislation overreaches.
He believes parental oversight and education should be the focus.
"If we're not starting this at home base in a way and helping to educate and then going into the schools with all this information and sharing with young people how to properly use social media, that's where we getting to the point now where people are starting to follow and there's really no educational component," Mollica said.
This week, Meta, the parent company for platforms including Facebook and Instagram, announced new policies for teens, including limiting exposure to complex and potentially inappropriate topics.
"I think there needs to be pressure but at the end of the day...they're private companies," Mollica said. "They're going to do what they think is best for them."
Rozic said states are taking the lead on regulating social media because of inaction by the federal government and the platforms themselves.
"We regulate things, major industries like tobacco, alcohol [and] personal vehicles," she said. "This is no different than anything like that."
The Attorney General's Office would be given power to monitor and take action wherever necessary under the legislation.