New York is working on legislation that would prohibit social media companies from using algorithms to control what children see on their social media feeds.
Democratic Gov. Kathy Hochul and Attorney General Letitia James have been advocating for the regulations since October, facing strong pushback from the tech industry. The amended version removes provisions that would have limited the hours a child could spend on a site. With the legislative session ending this week, Albany lawmakers are making a final push to get it passed.
"Right now, we are engaged in several lawsuits across the country on basically the same law, and it is all centered around First Amendment speech," Szabo said. "Essentially, what we are seeing in this legislation from the state of New York is the attempt to ban the ability of New Yorkers to access information online, speak online, as well as to require age verification or essentially ID for the Internet to even access certain capabilities.
"It is unconstitutional," Szabo said. "We have seen several courts already render decisions on similar bills on their unconstitutionality. And if New York heads down the same failed path, they should expect the same failed outcome." "This one goes specifically after the algorithm. So we've seen similar efforts in states like California, where a Democratic judge ruled in favor of NetChoice against the state of California, saying it violates the editorial rights. But New York seems to be trying to hang all of their constitutionality on this notion that the rights of a website to organize content the way they want is not protected by the First Amendment.
Algorithms Social Media Legislation Children Netchoice First Amendment Szabo
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