Safe by Design Act (Stop Online Predators Act) ↗
Signed 2026-05-26 as Part Y of Chapter 58 of 2026 (FY2027 budget bill S9008C/A10008C), enacting the Safe by Design Act from the Stop Online Predators Act (S4609A/A6549A). Not yet operative: the Act takes effect on the 180th day after the Attorney General promulgates implementing rules, and no such rulemaking had issued as of 2026-07-04.
Status is `proposed`: the Act is enacted (Part Y of Ch. 58 of 2026, signed 2026-05-26) but its effective date is the 180th day after the Attorney General promulgates implementing rules ('This act shall take effect on the one hundred eightieth day after the office of the attorney general shall promulgate rules and regulations necessary to effectuate the provisions of this act'), and no such rulemaking had issued as of 2026-07-04, so no operative date can be stated. One secondary source (privacy-daily, 2026-05-26, pre-enactment) reported a January 1, 2027 effective date; that is not consistent with the enacted 180-days-after-rulemaking clause and is not relied upon here. This record is distinct from ny-safe-for-kids (SAFE for Kids Act, 2024) and from New York's separate Kids Chatbot Safety Act (S9051B), which regulates AI companion-chatbot operators. The obligation decomposition is drawn from the standalone S4609A bill text (nysenate.gov) and corroborating secondary reporting (IAPP, Common Sense Media, ChatForest); the AI-companions-off-by-default obligation is reported for the enacted budget version but its clause is not verified against the enacted Part Y text. private_right_of_action is `unknown`: the reviewed text vests enforcement in the Attorney General and one secondary source reports no private right of action, but no express no-PRA clause was verified, so it is not asserted either way. Covered-platform definition, any size thresholds, and section pins need a pass against the enacted Part Y text (S9008C/A10008C, Ch. 58 of 2026).
Scope
Enacted as Part Y of the FY2027 budget (Ch. 58 of 2026); the underlying bill (S4609A/A6549A, the 'Stop Online Predators Act') imposes default privacy and design duties on social media and online gaming platforms with respect to 'covered minors' (New York users under 18). The specific commercially reasonable age-assurance methods are to be defined by Attorney General rule.
- Reaches social media and online gaming platforms accessible to minors; the statute directs the Attorney General to promulgate rules identifying commercially reasonable, privacy-protective, and technically feasible age-assurance methods, considering platform size, resources, and industry practices.(N.Y. Gen. Bus. Law (Safe by Design Act); section pin pending verification against the enacted Part Y text)
The precise covered-platform definition and any size/revenue thresholds are not verified against the enacted Part Y text; the summary above is drawn from the standalone S4609A bill text and secondary reporting.
Penalties
- Model
- Per violation
- Detail
- Enforced by the New York Attorney General through civil actions, with remedies including injunctions, restitution and disgorgement of profits, damages, and civil penalties of up to $5,000 per violation. The Attorney General must maintain a public website for complaint submissions.
- Enforcer
- New York Attorney General
- Private right of action
- Unverified; treated as unknown, not assumed absent
Key dates
- Signed
- 2026-05-26
Obligations (5)
Set covered minors' accounts, by default, to restrict unconnected users from sending them direct messages, viewing their full profile, tagging them, viewing their location data, downloading their media, and engaging in financial transactions with them.
Statute’s own ages: Applies to 'covered minors' (users under 18).
Do not recommend or suggest a covered minor's profile to unconnected users (except through synced contacts), do not use dark patterns that undermine the parental or user controls the Act requires, and do not degrade service quality or raise prices to discourage minors from keeping stronger privacy settings.
Statute’s own ages: Applies to users under 18.
Use commercially reasonable and technically feasible age-assurance methods (as defined by Attorney General rule, and beyond mere self-declaration) to determine which users are covered minors; delete age-assurance data immediately after the determination and do not use it for other purposes.
Statute’s own ages: Applies to users under 18; methods and accuracy minimums to be set by AG rulemaking.
Provide age-tiered parental controls: for users under 13, a parent must approve friend/connection requests and may view the minor's contact list; for users 13-15, the minor may approve requests and a parent is notified of privacy-setting changes; for users 16-17, the minor controls requests and a parent is notified of (but cannot block) privacy-setting downgrades. For all users under 18, a parent must approve financial transactions.
Statute’s own ages: Three statutory tiers (under 13, 13-15, and 16-17) plus an under-18 rule for financial-transaction approval.
On covered platforms, set AI companion / chatbot features to off by default for covered minors.
Statute’s own ages: Applies to covered minors (users under 18).
Litigation history
- 2026-05-26Governor Hochul signed the FY2027 budget (Chapter 58 of 2026, bills S9008C/A10008C); Part Y enacts the Safe by Design Act, drawn from the Stop Online Predators Act (S4609A/A6549A, Sen. Gounardes / Asm. Rozic)→ Enacted but not operative; the Act takes effect 180 days after the Attorney General promulgates implementing rules source ↗
Cross-state comparisons
- similarny-safe-for-kids (New York): Both are New York minor-safety statutes enforced by the Attorney General with civil penalties of up to $5,000 per violation, and both gate their operative date on AG rulemaking plus a 180-day delay (so both are tracked as `proposed`). They target different levers: SAFE for Kids (2024) restricts algorithmic 'addictive' feeds and nighttime notifications, while Safe by Design (2026) mandates default privacy against unconnected-adult contact, age-tiered parental controls, and AI companions off by default.