New York's SAFE for Kids Act: The Game-Changing Age Assurance Standards Every Platform Must Know

What the SAFE for Kids Act Requires

1. Core Restrictions

Addictive Feeds

The Act prohibits social media platforms from providing "addictive feeds" to users under 18 without verifiable parental consent. "Addictive feeds" are defined as content that is "recommended, selected, or prioritized for display to a user based, in whole or in part, on information associated with the user or the user's device."

However, the statute includes several important exceptions where algorithmic personalization is permitted, including personalization based on:

• User-selected privacy or accessibility settings
• Express user requests for specific media or subscriptions
• Direct communications and search results
• Pre-existing sequences from the same creator

Instead of algorithmic feeds, minors must receive chronological feeds showing content from accounts they follow, unless parents explicitly consent to algorithmic feeds.

Nighttime Notifications

The law also restricts nighttime notifications between midnight and 6 AM Eastern Time related to addictive feeds for users under 18, again requiring parental consent for such communications.

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2. Age Verification Requirements Under Proposed Rules

The proposed rules require platforms to use "commercially reasonable and technically feasible methods" to determine adult status before serving addictive feeds. The Advanced Notice of Proposed Rulemaking suggests platforms will need to:

• Offer multiple age assurance methods, with at least one meeting the NY AG's specified accuracy standards through annual certification and testing
• Accept both US and non-US government identification documents while providing alternative verification options
• Implement appropriate safeguards and maintain records of verification processes
• Provide appeals processes for users incorrectly classified as minors

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3. Verifiable Parental Consent Framework

For minors seeking access to addictive feeds or nighttime notifications, the proposed rules outline a comprehensive consent process:

1. Minor pre-approval to contact parents
2. Clear parental notification explaining the feature requires consent under New York law
3. Multiple methods for the person providing consent to demonstrate that they are a trusted adult, including options that may not require government identification
4. Instructions in the 12 most commonly spoken languages in New York
5. Easy withdrawal mechanisms available anytime

Who needs to comply?

Covered Operators

The Act applies to "covered operators" - entities that operate "addictive social media platforms" where addictive feeds constitute "a significant part of the services provided." This definition may encompass major social media platforms that use algorithmic recommendation systems, though the specific scope will depend on final regulatory interpretation.

Geographic Scope Considerations

The Act applies to conduct taking place "entirely or partially in New York," but specifically excludes conduct taking place "wholly outside" New York where platforms are accessed by minors physically located outside the state. This geographic limitation is legally significant for compliance scoping and affects which platforms will be subject to the requirements.

Key Considerations for Platform Selection of Age Assurance Methods

1. Specific Age Assurance Standards

The proposed rules establish unprecedented specificity for age verification requirements, setting clear performance benchmarks that age assurance providers need to follow. The regulations define precise "Accuracy Minimum" standards that require:

False Positive Rate Limits by Age Group:

• 0.1% or less for minors ages 0 to 7
• 1% or less for minors ages 8 to 13
• 2% or less for minors ages 14 to 15
• 8% or less for minors age 16
• 15% or less for minors age 17

These accuracy requirements exclude failures or refusals by users to provide requested data and inconclusive age assurance outcomes.

2. Circumvention Detection Requirements:

Platforms must implement age assurance methods that detect circumvention attempts with a minimum 98% success rate.

3. Certification and Standards Requirements:

• Every age assurance method must be certified annually by an accredited independent third party
• Certification must follow international standards including ISO/IEC 27566, IEEE 2089.1, or equivalent standards
• Operators must implement data minimization and deletion practices
• The rules recognize emerging technologies like zero knowledge proofs (ZKP) and double-blind age verification methods

Enforcement and Penalties

Enforcement authority rests exclusively with the New York Attorney General, with violations carrying penalties of up to $5,000 per violation. The law does not provide for private rights of action.

Implementation Timeline

Actual Implementation Timeline

The effective date of the SAFE for Kids Act is 180 days after the Attorney General promulgates final rules. Based on the current timeline:

• Public comment period on proposed rules ends December 1, 2025
• The Attorney General has up to one year after the comment period closes to finalize rules
• The Act takes effect 180 days after final rules are published

This means the earliest possible effective date would be late 2026 or early 2027, giving platforms and technology providers  time to prepare for compliance.

For more information on how k-ID can help platforms to comply with the SAFE for Kids Act, please refer to https://product.k-id.com/p/solving-youth-compliance-new-york

Disclaimer: The requirements described below are based on current proposed rules that remain subject to change. Companies should consult qualified legal counsel for specific compliance guidance.

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