Andrew Lustigman, Co-Managing Partner; Chair, Advertising, Marketing & Promotions Practice; Co-Chair, Brand Management & Protection Practice, was quoted in Bloomberg Law’s “Hochul’s Tech Safety Rules Pose Legal Questions: New York Brief.” In the article, Andrew discusses why New York’s SAFE for Kids Act and the regulations recently promulgated thereunder focus on the allegedly addictive features of social media, including algorithmically personalized feeds and nighttime notifications for minors. Unlike other state laws which have been challenged, “New York’s targeting of ‘the addictive aspects of social media rather than access to the platform’ gives it a better shot of surviving a potential legal challenge,” Andrew told Bloomberg Law. He also explained that the regulatory approach presents distinct legal questions as courts continue to consider social media restrictions and age verification requirements. For tech platforms, Andrew added, compliance will almost certainly mean additional developer and quality assurance costs while maintaining documentation and auditing. “This will be critical for these companies,” Andrew said.
