On websites like Facebook, X and TikTok, a complex set of algorithms helps create curated personalized feeds to keep users engaged on the platform for as long as possible.
But for children in New York, that is about to change.
The State Legislature passed a bill last week that will disrupt the relationship between tech companies and young people by restricting the use of algorithms on minors’ social media feeds.
The legislation, championed by Gov. Kathy Hochul, is meant to address growing concerns about the impact of social media on young people’s mental health.
“These are ruled by addictive algorithms designed to draw the young people deeper and deeper into that darkness over and over,” she said.
Here’s what to know about the initiative, which Ms. Hochul is expected to soon sign into law. It will go into effect six months after the state attorney general releases regulations, which is expected to happen sometime this year.
How will this work?
Under the law, social media companies will be required obtain parental permission to provide algorithmically curated feeds to children under the age of 18. Social media companies would also be prohibited from sending notifications regarding addictive feeds to minors between the hours of 12 a.m. and 6 a.m. unless parents give explicit consent.
Young people will still be able to follow whichever accounts they choose without parental consent, but their posts will appear in chronological order.
How exactly any of this will be implemented and enforced is unclear.
The state attorney general’s office will be responsible for overseeing and enforcing the new regulations, which have not yet been entirely specified. It’s unclear how websites will verify a user’s age or ascertain that a parent’s permission was actually given.
Most social media companies already require users to be 13 years or older, but parental consent is not currently required for children who meet the age requirement to open an account.
How have other states approached this issue?
States across the country have also seen broad bipartisan support for similar restrictive measures, typically focusing more on time limits or age restrictions and less on algorithms. But pressure from social media companies has prompted other states to carve out exemptions.
Arkansas’s Social Media Safety Act does not apply to Google’s YouTube, which is the most popular social media website among children between the ages of 13 and 17, according to Pew Research Center.
In March, Utah’s governor repealed a series of social media laws geared toward protecting young people after several legal challenges from social media companies including TikTok and Meta. And California, after passing the country’s first-ever children’s online safety law, amended its new measures to remove the ability to sue companies over addictive features after pressure from social media companies.
The New York attorney general, Letitia James, said that she hoped New York’s legislation would serve as a model for other states.
“I hope other states will follow suit and pass legislation to protect children and put their mental health above big tech companies’ profits,” she said in a statement.
How are social media companies responding?
Like Utah and California, New York could face legal challenges over the bill. Advocacy groups have argued that algorithms fall under free speech, while the American Civil Liberties Union has said that restricting minors’ access to the internet “chills speech.” There are also concerns that age verification will lead to tech companies connecting more data, not less.
TechNet, a trade group that represents major social media companies such as Google, Meta and Snap Inc., has opposed the measure, as has Tech NYC, an advocacy group that has questioned how some of the details of the bill — such as age verification — would be enforced.
It seems unlikely that the State Legislature would be willing to revisit the legislation; the bill had broad bipartisan support.
“These algorithms are intended to mimic the psychological dependencies created by slot machines and online gambling sites,” said Andrew S. Gounardes, a Democratic state senator and the bill’s sponsor, who worked with Ms. James and Ms. Hochul to build support for the measure.
“It’s never too late to do the right thing, and we all understand that our children have been at risk because of the algorithms,” said Jack M. Martins, a Republican state senator, adding that he would have liked to have seen even more parental oversight included in the bill.
Grace Ashford contributed reporting.