Skip to content
S1177Senate2019-2020 Session

Let Minors Delete Posts

Official title

“Requires website operators to allow minors who have posted certain content to remove such content”

Sponsor David CarlucciSD-38Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

This bill requires website operators to allow minors to remove content they posted and provides procedures and exceptions for removal.

Why it matters

  1. Empowers young people to control their online presence. By allowing minors (and young adults up to age 21) to remove content they posted, this bill gives individuals greater agency to manage potentially embarrassing, harmful, or outdated information as they mature.

  2. Establishes clear obligations and processes for website operators. The bill requires operators to provide notice and clear instructions to minors about their right and the process to remove posted content, potentially increasing transparency and awareness of digital rights among young users.

  3. Defines important exceptions and boundaries. The bill clarifies that removal is not required if the content must be preserved by law, was posted by third parties, has been anonymized, or if the minor received compensation for it—balancing privacy interests with legal and business realities.

  4. Limits the scope and expectations of removal. Operators are not required to erase all traces of content (such as copies reposted by others), and simply making the content invisible to others counts as compliance. This acknowledges technological limitations and avoids imposing unrealistic burdens, while still offering meaningful privacy protections.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

  • New York residents under 21

    The bill would let them remove or request removal of content they created or posted on covered websites and apps, subject to exceptions.

  • Users older than 21

    They could remove or request removal of content created or posted before turning 21, unless it was created or posted more than 20 years before the request.

  • Website and app owners

    Owners whose services primarily target minors or who know a minor uses their service would have to provide removal options, notices and instructions, but would not have to collect users’ ages.

  • Law enforcement agencies

    The bill would preserve their authority to obtain content from operators as authorized by law or court order.

Headline styles

Let Minors Delete Posts

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer protection

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1177

2019-2020 Regular Sessions

IN SENATE

January 11, 2019

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring website operators to allow minors who have posted certain content to remove such content

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 390-bb to read as follows:

§ 390-bb. Social media removal by website operators. 1. For the purposes of this section the following terms shall have the following meanings:

(a) "Minor" means a person under the age of twenty-one who resides in this state.

(b) "Operator" means any person or entity that owns an Internet website, online service, online application, or mobile application. It does not include any third party that operates, hosts, or manages, but does not own, an Internet website, online service, online application, or mobile application on the owner's behalf or processes information on the owner's behalf.

(c) "Posted" means content or information that can be accessed by a user in addition to the minor who posted the content or information, whether the user is a registered user or not, of the Internet website, online service, online application, or mobile application where the content or information is posted.

2. An operator of an Internet website, online service, online application, or mobile application directed primarily to minors or an operator of an Internet website, online service, online application, or mobile application that has actual knowledge that a minor is using its Internet website, online service, online application, or mobile application shall do all of the following:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06559-01-9

S. 1177 2

(a) Permit minors who are users of such websites or applications to remove or request to the operator of the website to remove any content that they have created or posted to the website. Users older than twenty-one shall be permitted to remove or request to the operator of the website to remove any content created or posted when the user was under twenty-one except when that content was created or posted more than twenty years before the request was made;

(b) Provide notice to all minors who are registered users of the operator's Internet website, online service, online application, or mobile application that the minor may remove or, if the operator prefers, request and obtain removal of, content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users;

(c) Provide clear instructions to minors who are registered users of the operator's Internet website, online service, online application, or mobile application on how the user may remove or, if the operator prefers, request and obtain the removal of content or information posted on the operator's Internet website, online service, online application, or mobile application; and

(d) Provide notice to minors who are registered users of the operator's Internet website, online service, online application, or mobile application that the removal described under paragraph (a) of this subdivision does not ensure complete or comprehensive removal of the content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered users.

3. An operator or a third party is not required to erase or otherwise eliminate, or to enable erasure or elimination of, content or information in any of the following circumstances:

(a) Any other provision of federal or state law requires the operator or third party to maintain the content or information;

(b) The content or information was stored on or posted to the operator's Internet website, online service, online application, or mobile application by a third party other than the minor, who is a registered user, including any content or information posted by the registered user that was stored, republished, or reposted by the third party;

(c) The operator anonymizes the content or information posted by the minor who is a registered user, so that the minor who is a registered user cannot be individually identified;

(d) The minor does not follow the instructions provided to the minor pursuant to paragraph (c) of subdivision two of this section on how the registered user may request and obtain the removal of content or information posted on the operator's Internet website, online service, online application, or mobile application by the registered user; and

(e) The minor has received compensation or other consideration for providing the content.

4. This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.

5. An operator shall be deemed complaint with this section if:

(a) It renders the content or information posted by the minor user no longer visible to other users of the service and the public even if the content or information remains on the operator's servers in some form.

S. 1177 3

(b) Despite making the original posting by the minor user invisible, it remains visible because a third party has copied the posting or reposted the content or information posted by the minor.

6. This section shall not be construed to require an operator of an Internet website, online service, online application, or mobile application to collect age information about users.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to requiring website operators to allow minors who have posted certain content to remove such content

Purpose

This bill would permit minors under the age of twenty-one to remove or request to the operator of the web site to remove certain content that they may have created or posted on the web site. This bill also creates a twenty year look back period for such removal or request for removal.

Summary of provisions

Section one of this bill amends the general business law by adding a new section 390-bb to permit minors to remove or request to the operator of the web site for the removal of certain content on a web site in addi- tion to a twenty year look back period to remove or request such removal.

Section two provides the effective date.

Justification

Nowadays, the internet allows for content to be posted immediately with- out consideration to the consequences that may follow. This legislation allows minors the ability to remove or request the removal of such content that upon reflection the minor may regret after the fact of posting.

Legislative history

2017-18: S8590 - CONSUMER PROTECTION

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.