New York S 8850: Establishes the NY digital choice act requiring social media companies to provide covered users with a copy of the covered user's social graph at the request of the covered user

Status: ORDERED TO THIRD READING CAL.1388 (as of 2026-05-28)

State: New York · Session: 2025-2026 · Bill: S 8850

Sponsors: Andrew Gounardes, Shelley Mayer, Zellnor Myrie

Bill Text

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S08850 Summary:

BILL NOS08850A

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SAME ASSAME AS A08963-B

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SPONSORGOUNARDES

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COSPNSRMAYER, MYRIE

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MLTSPNSR

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Add Art 48 §§1800 - 1808, Gen Bus L

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Establishes the NY digital choice act requiring social media companies to provide covered users with a copy of the covered user's social graph at the request of the covered user; defines terms; provides requirements for the interoperability of covered users' data; grants the attorney general the authority to promulgate rules and regulations and enforce such provisions.

Go to top S08850 Actions:

BILL NOS08850A

&nbsp

01/09/2026REFERRED TO INTERNET AND TECHNOLOGY

04/13/2026AMEND AND RECOMMIT TO INTERNET AND TECHNOLOGY

04/13/2026PRINT NUMBER 8850A

05/28/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

05/28/2026ORDERED TO THIRD READING CAL.1388

06/04/2026PASSED SENATE

06/04/2026DELIVERED TO ASSEMBLY

06/04/2026referred to consumer affairs and protection

Go to topS08850 Committee&nbspVotes:

Go to topS08850 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08850 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8850--A

 IN SENATE

 January 9, 2026
 ___________

 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
 printed to be committed to the Committee on Internet and Technology --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 AN ACT to amend the general business law, in relation to establishing
 the NY digital choice act

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

 1 Section 1. The general business law is amended by adding a new article
 2 48 to read as follows:
 3 ARTICLE 48
 4 NY DIGITAL CHOICE ACT
 5 Section 1800. Short title.
 6 1801. Definitions.
 7 1802. Portability.
 8 1803. Interoperability.
 9 1804. Data rights.
 10 1805. Rulemaking authority.
 11 1806. Enforcement by attorney general.
 12 1807. Severability.
 13 1808. Safe harbor.
 14 § 1800. Short title. This article shall be known and may be cited as
 15 the "NY digital choice act".
 16 § 1801. Definitions. As used in this article, the following terms
 17 shall have the following meanings:
 18 1. "Open protocol" means a publicly available set of technical rules
 19 that:
 20 (a) enables interoperability and data exchange between social media
 21 platforms by providing a means whereby multiple social media platforms
 22 can access a covered user's social graph;
 23 (b) is free from licensing fees and patent restrictions; and
 24 (c) governs how social media platforms communicate and exchange data.
 25 2. (a) "Social graph" means:
 26 (i) a covered user's social connections with secondary users;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13423-09-6

 S. 8850--A 2

 1 (ii) content created by a covered user;
 2 (iii) the covered user's responses to secondary users' content,
 3 including comments, reactions, mentions, reports, shares, and other
 4 engagements;
 5 (iv) secondary users' responses to the covered user's content;
 6 (v) metadata for subparagraphs (i), (ii), (iii), and (iv) of this
 7 paragraph; and
 8 (vi) relational references sufficient to maintain the associations
 9 among data elements described in subparagraphs (i), (ii), (iii), and
 10 (iv) of this paragraph.
 11 (b) "Social graph" does not include a secondary user's content and
 12 responses that have been designated private by such secondary user,
 13 including private messages.
 14 3. "Content" has the same meaning as in section eleven hundred of this
 15 chapter.
 16 4. "Social media company" has the same meaning as in section eleven
 17 hundred of this chapter.
 18 5. "Social media platform" has the same meaning as in section eleven
 19 hundred of this chapter.
 20 6. "Covered user" has the same meaning as in section fifteen hundred
 21 of this chapter.
 22 7. "Secondary user" means a user of a website, online service, online
 23 application, or mobile application that is developed, deployed, or oper-
 24 ating in whole or in part in the state and that is not acting as an
 25 operator, or agent or affiliate of an operator, of such website, onl

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