* § 1540. Privacy by default and parental approvals. 1. (a) The\nattorney general may promulgate rules and regulations identifying\nmethods for reasonable and technically feasible age assurance, which may\nconsider the size, financial resources, and technical capabilities of\ncovered platforms, the costs and effectiveness of available age\ndetermination techniques for users of such platforms, the audience of\nsuch platforms, and prevalent practices of the industry of the operator.\nSuch rules or regulations may also identify the appropriate levels of\naccuracy that would be considered reasonable for operators to achieve in\ndetermining whether a user is a covered minor. Such rules or regulations\nmay specify that information collected under this article shall not be\nused for any purpose other than age assurance and shall be deleted\nimmediately after an attempt to determine a user's age, except where\nnecessary for compliance with any applicable provisions of New York\nstate or federal law or rule or regulation.\n (b) Until such time as the rules or regulations referenced in\nparagraph (a) of this subdivision may have been promulgated and are in\neffect, an operator shall use age assurance methods that meet the\nrequirements of article forty-five of this chapter and its implementing\nrules or regulations, as amended, except that for purposes of this\narticle, an operator may not use self-declaration of age or minor status\nto determine whether a covered user is a covered minor.\n (c) To the extent rules or regulations referenced in paragraph (a) of\nthis subdivision are not in effect and rules or regulations referenced\nin paragraph (b) of this subdivision regarding age assurance methods\npromulgated pursuant to article forty-five of this chapter are not in\neffect, an operator shall rely on a determination of a covered user's\nage made using a reasonable age assurance method that meets the\nfollowing requirements:\n (i) such age assurance method shall reasonably guard against\ncircumvention and reasonably minimize the retention of information\ncollected for age assurance purposes;\n (ii) an operator may not use self-declaration of age or minor status\nto determine whether a covered user is a covered minor; and\n (iii) an operator must make available more than one age assurance\nmethod to covered users, including at least one method that either does\nnot rely on government issued identification or that allows a covered\nuser to maintain anonymity as to the operator.\n 2. An operator may not offer or make available to a covered user the\nfeature of communicating privately with a user within the covered\nplatform or through platform integration, viewing the full profile of a\nuser, responding to or downloading media created or posted by a user,\ntagging a user in posted media or viewing the geographic location\ninformation of a user, unless the operator has conducted age assurance\nto determine whether a covered user is a covered minor.\n 3. For all users determined by an operator to be a covered minor, such\noperator shall utilize the following settings by default for covered\nminors, which shall ensure that no user age eighteen or older who is not\nalready connected to a covered minor may:\n (a) communicate privately with such covered minor within the covered\nplatform or through platform integration;\n (b) view the full profile of such covered minor;\n (c) respond to or download media created or posted by such covered\nminor;\n (d) tag such covered minor in posted media; or\n (e) view the geographic location information, where such information\nis derived from or captured by device or network signals, including but\nnot limited to global position system, IP address or Wi-Fi positioning,\nof such covered minor.\n 4. If an operator provides a mechanism on the covered platform to\nsuggest or recommend the profile of a user to another user to connect\nwith, an operator may not suggest or recommend the profile of a c
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