NYC Cyber Command, a subset of the Office of Technology and Innovation, spurred the decision after reporting to the city that TikTok posed a security threat. "NYC Cyber Command regularly explores and advances proactive measures to keep New Yorkers' data safe," a City Hall spokesperson said. "As part of these ongoing efforts, NYC Cyber Command determined that the TikTok application posed a security threat to the city’s technical networks and directed its removal from city-owned devices.”

Other states and localities, notably Montana, have made waves banning TikTok more generally across the jurisdiction. But on a wider scale, most legislators have taken an approach banning the app for government employees, including the federal government. Thirty-three states across parties lines now have restrictions on the use of TikTok on government-owned tech.

As legislation continues to resurface considering a total ban on TikTok and other apps affiliated with the Chinese government, ByteDance fights to proven that its not a threat to national security. TikTok CEO Shou Chew even testified in front of Congress reiterating that "ByteDance is not an agent of China."

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Lawmakers pointed to a range of studies demonstrating social media's association with poor mental health and sleep quality in young people — especially with excessive use. "Social media platforms are fueling a national youth mental health crisis that is harming children's wellbeing and safety," New York State Attorney General Letitia James said. "Young New Yorkers are struggling with record levels of anxiety and depression, and social media companies that use addictive features to keep minors on their platforms longer are largely to blame. This legislation will help tackle the risks of social media affecting our children and protect their privacy."

While pages like TikTok's For You face restrictions, the legislation would allow young people to view content from people they follow without permission. This setup means they can still see accounts with dangerous misinformation or ideals — such as promoting harmful eating habits — as long as they click the follow button. However, the law would also allow parents or guardians to limit the number of hours a person can spend on each app and to restrict access and notifications completely between midnight and 6 AM. Social media platforms that fail to enforce these policies could owe up to $5,000 in damages.

Lawmakers proposed an identical fine for violations of the New York Child Data Protection Act, which was introduced alongside the SAFE for Kids Act. This legislation would ban "collecting, using, sharing or selling" anyone under 18's personal data unless they receive consent or can prove it absolutely necessary.

SAFE for Kids Act's sponsors, State Senator Andrew Gounardes and Assemblywoman Nily Rozic, could bring it before the New York legislature as soon as early 2024. The bill has already faced opposition from Meta and TikTok, as well as Tech:NYC, which represents more than 800 tech companies. Concerns range from restricting free speech to losing out on community-building.

The first state-led bill of this kind passed in Utah earlier this year, requiring anyone under the age of 18 to obtain a parent or guardian's consent to create a social media profile — not just to explore the algorithm. Arkansas enacted a similar law soon after, but a judge blocked it from taking effect in September. Utah's legislation is set to take effect in early 2024. Each of these cases would require more comprehensive age verification on the part of social media companies, likely reviewing an ID of some sort — not something every early adolescent has.

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These are allegedly achieved by way of harmful algorithms, gambling-like mechanisms and manipulation through reciprocity — making the user “feel compelled to respond to one positive action with another positive action.” The city believes that there is a correlation between the increase in social media usage and the decline in local youth mental health over “more than a decade.”

In response, Google and Meta told CNBC that they have always worked with youth safety experts and provided parental control tools. ByteDance’s TikTok also highlighted some of its specific tools to Axios, namely age-restricted features, parental controls and an automatic 60-minute time limit for users under 18. However, none of the tech companies acknowledged the problematic features listed by the Adams administration.

This lawsuit follows a recent Senate hearing on online child safety, in which the CEOs of all the aforementioned tech companies (except Google) were present. In his opening remarks, Senator Lindsey Graham told the tech execs that “you have blood on your hands” — a reference to online child exploitations and cyberbullying that unfortunately led to deaths.

Through this case, the Adams administration wants these tech companies to pay up for the city’s youth mental health services, which apparently cost more than $100 million each year. But ultimately, it’s about forcing these tech giants to stop manipulating young users into addictive behavior, as well as to make policymakers place new federal laws that safeguard youth mental health on social platforms.

Before this New York City lawsuit, Meta already faces a similar case from 41 states back in October 2023, in which it was accused of misleading the public about the safety of its platform’s “addictive” features. Meta, Snap, TikTok and Google were also sued in a multi-district litigation in 2022 for their addictive features that allegedly cause “emotional and physical harms, including death” to adolescents.

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