The summary and justification sections help set the intent of the bill, but they don't define the law itself.
Those uses are:
Section two of this bill adds a new Article 45-A to General Business Law
to require addictive social media platforms which feature predatory
features such as algorithmic feeds, push notifications, autoplay, infi-
nite scroll, and/or like counts as a significant part of the provision
of their service to post warning labels for all users upon access to the
platform. The bill features a series of specific exemptions for certain
types of notifications that fall beyond the scope of the bill (i.e.
those explicitly requested by a user or which are deployed for civic
communication). More broadly, the bill also exempts any feature which is
determined by the Attorney General via regulation to be offered for a
valid purpose unrelated to prolonging use of the addictive social media
platform.
...
... Additionally, as this bill covers only social media
platforms that deploy addictive features such as algorithmic feeds, push
notifications, autoplay, infinite scroll, and like counts, any platform
not wishing to display a warning label could simply limit their use of
these features.
The text of the law, however, does not define "algorithmic feed" (sorting by date post could be considered "an algorithm" by some).
"[S]uch as algorithmic feeds" in the description and justification remains undefined in the text of the bill itself.
I don't see how "Addictive feed" is circularly defined. The definition given is [1]:
> "Addictive feed" shall mean a website, online service, online
application, or mobile application, or a portion thereof, in which
multiple pieces of media generated or shared by users of a website,
online service, online application, or mobile application, either
concurrently or sequentially, are recommended, selected, or prioritized
for display to a user based, in whole or in part, on information
associated with the user or the user's device, unless any of the
following conditions are met, alone or in combination with one another:
> (a) the recommendation, prioritization, or selection is based on
information that is not persistently associated with the user or user's
device, and does not concern the user's previous interactions with media
generated or shared by other users;
> (b) the recommendation, prioritization, or selection is based on
user-selected privacy or accessibility settings, or technical
information concerning the user's device;
> (c) the user expressly and unambiguously requested the specific media,
media by the author, creator, or poster of media the user has subscribed
to, or media shared by users to a page or group the user has subscribed
to, provided that the media is not recommended, selected, or prioritized
for display based, in whole or in part, on other information associated
with the user or the user's device that is not otherwise permissible
under this subdivision;
> (d) the user expressly and unambiguously requested that specific
media, media by a specified author, creator, or poster of media the user
has subscribed to, or media shared by users to a page or group the user
has subscribed to pursuant to paragraph (c) of this subdivision, be
blocked, prioritized or deprioritized for display, provided that the
media is not recommended, selected, or prioritized for display based, in
whole or in part, on other information associated with the user or the
user's device that is not otherwise permissible under this subdivision;
> (e) the media are direct and private communications;
> (f) the media are recommended, selected, or prioritized only in
response to a specific search inquiry by the user;
(> g) the media recommended, selected, or prioritized for display is
exclusively next in a pre-existing sequence from the same author,
creator, poster, or source; or
> (h) the recommendation, prioritization, or selection is necessary to
comply with the provisions of this article and any regulations
promulgated pursuant to this article.
Ahh... thank you. That's a different part of the already established legislation and wasn't part of this one (which is why I couldn't find it at first glance - I was looking at 1520 and this is 1500). It was referencing it and saying it was itself.
That does clear it up.
With that definition in mind, to answer the question "does HN need to have this label?" ...
... "unless any of the following conditions are met" ...
and it would appear that under (a) that the prioritization or selection of articles displayed is not associated with a user or a user's device, nor does it concern the user's previous interactions with media generated by others...
So my layman's read of this is that "No, Hacker News does not fall into the definition of an addictive feed."
"Addictive feed" is used, but it's circularly defined.
"Algorithmic feed" doesn't appear in the text.