TikTok, Instagram May Request Selfie To Verify Age Under Proposed NY Rules

Social media companies could soon verify their users’ age in New York by requesting a selfie or a video, according to newly proposed regulations.

State Attorney General Letitia James’ office released a set of proposals Monday to implement the SAFE for Kids Act, providing a new window into how platforms like TikTok, Instagram and Facebook can comply with the 2024 state law that sets restrictions on how the platforms present content to children and teens.

The law, which has not yet gone into effect, prohibits social media companies from subjecting users under the age of 18 to addictive, algorithm-based feeds designed to keep them on the firms' platforms, unless a parent or guardian provides consent. It also prohibits the companies from providing those same users with push notifications from midnight to 6 a.m.

If finalized, James’ proposed rules would require the companies to verify a user is at least 18 years old to allow them to access an algorithmic feed, like TikTok’s “For You” page. The companies would be required to take steps to confirm or estimate a user’s age, such as verifying the user’s government-issued identification.

For users wary of sharing their ID, the companies would be required to provide at least one other option to confirm age. For example, they could request a selfie or video that can be analyzed to estimate the users’ age, or crosscheck a verified email address or phone number against other records or user history to infer their age.

The proposals do not mandate any specific type of age verification tool, but do require whatever methods the companies use be subject to regular testing for accuracy and meet specific standards.

“This is an issue that affects all of us, and I encourage parents, educators, young people, industry groups, and others to review the proposed rules and submit a comment during the public comment period,” James said in a statement.

Gov. Kathy Hochul signed the bill into law last year, arguing addictive social media feeds have had harmful effects on children and teens.

Under the law, users under the age of 18 would be shown a reverse-chronological feed on social media sites with content only from accounts they follow. Under James’ proposals, it would apply to anyone who voluntarily identifies themself as being under 18, as well as those who refuse to submit to age verification or whose verification shows they’re underage.

James’ proposed rules would apply to any social media platform whose average monthly users spend at least 20% of their time on an “addictive feed,” defined as a feed of user-generated content tailored to a specific user’s activity.

A spokesperson for Tech:NYC — a trade group that represents major tech companies including Meta, owner of Instagram and Facebook – declined comment Monday as the organization reviewed the new proposals.

The Electronic Frontier Foundation, a digital-rights organization, has been highly critical of age-verification requirements. Aaron Mackey, the organization’s free speech and transparency litigation director, said New York’s requirements and similar measures are “incompatible with privacy and free expression rights for everyone.”

“None of the age assurance methods mentioned in the proposed rules released by the attorney general's office are both privacy-protective and entirely accurate,” Mackey said in a statement. “They each have their own flaws that threaten everyone's privacy and speech rights.”

The rules are open to public comment through Dec. 1. Then, the attorney general has a year to finalize them. The law itself will take effect 180 days after the rules are finalized.

This is a New York Public News Network story originally published on Gothamist.