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New York and Illinois Enact Age Verification Laws for Online Platforms and OS

🔄 Updated 1d ago
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Key points

  • New York's SAFE for Kids Act requires age verification for algorithmic feeds and late-night notifications.
  • Illinois' HB5511 mandates OS-level age verification for devices and apps.
  • New York's law takes effect January 25, 2027, with penalties up to $5,000 per violation.
  • Illinois' law takes effect January 1, 2028, requiring age brackets for users.
  • Both laws aim to restrict minors' access to certain online features and content.

New York's SAFE for Kids Act

New York Attorney General Letitia James has released the final rules for the SAFE for Kids Act, which was signed into law by Governor Kathy Hochul in June 2024. This legislation will require social media platforms to implement age verification for users to access algorithmic feeds and notifications between 12 AM and 6 AM. The law applies to platforms with user-generated content where users spend at least 20 percent of their time on algorithmic feeds.

The act will officially go into effect on January 25, 2027. Platforms failing to comply could face penalties of up to $5,000 per violation. The rules detail standards for understanding users' ages and obtaining parental consent for minors to use age-gated features.

Illinois' Children's Online Social Media Safety Act

Illinois Governor JB Pritzker signed HB5511, the Children's Online Social Media Safety Act, which introduces a new age verification framework for devices sold or used in the state. This law requires "covered manufacturers," including device makers, operating system providers, and app stores, to build an interface for age declaration.

By January 1, 2028, these manufacturers must implement a system at account setup to ask for a child's birth date, converting it into one of four age brackets: under 13, 13 to 15, 16 to 17, or 18 and up. Applications can then pull this age bracket via an API, which legally signifies "actual knowledge" of the user's minor status. The law also stipulates that all transmitted digital signals must be encrypted.

Impact on Online Services and Operating Systems

Once an app identifies a user as a minor under the Illinois law, it must activate a set of safety settings. These settings include restricting feeds, hiding profiles from adult strangers, blocking messages from adults, masking precise location, and disabling notifications. The law's definition of "operating system provider" is broad, encompassing commercial and non-profit internet-connected OS builders, without an exemption for open-source software.

While initially framed for social media platforms like Instagram and TikTok, the Illinois law's scope extends to the fundamental infrastructure of internet-connected devices, potentially affecting a wide range of software developers and distributors, including those responsible for operating systems like Linux.

Compliance and Deadlines

Both New York and Illinois have set future effective dates for their respective laws, allowing time for implementation. New York's law requires platforms to confirm user ages with high accuracy and obtain parental consent for minors. Illinois' law places the onus on device and OS manufacturers to provide the age-declaration mechanism, which apps can then utilize for compliance.

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How outlets covered it

Illinois Public Act 104-0664, signed into law, requires operating system providers to implement age declaration steps and provide age-bracket signals to apps by January 1, 2028. This legislation, initially framed for social media platforms, broadly defines "operating system provider" to include commercial and non-profit internet-connected OS builders, without an exemption for open-source software. The law's impact extends beyond social media to the fundamental infrastructure of internet-connected devices, potentially affecting a wide range of software developers and distributors.

Illinois Governor JB Pritzker signed HB5511, the Children's Online Social Media Safety Act, mandating age verification at the operating system level for devices sold or used in the state. This law requires device manufacturers, OS providers, and app stores to implement an interface for parental age input, which apps can then use to apply safety settings for minors, impacting how online services operate for users under 18 in Illinois.

New York Attorney General Letitia James has released the final rules for the SAFE for Kids Act, which will require social media platforms to implement age verification for users to access algorithmic feeds and late-night notifications. This legislation, effective January 25, 2027, mandates platforms to confirm user ages with high accuracy and obtain parental consent for minors to use age-gated features, impacting how social media services operate within the state.