New York Stealth Crawler Prohibition Act (2026)

New York — S9934 / A11292, the Stealth Crawler Prohibition Act: First-in-the-Nation Bill Requiring Any Web Crawler Accessing a News Site to Disclose Its Identity and Purpose, With $15,000-Per-Day Penalties — Passed the Legislature, Awaiting the Governor, and Opposed by EFF, CDT and 18 Civil Society Organizations (2026)
New York · N.Y. S. 9934 / A. 11292 (2025-2026 Sess.) — New York Stealth Crawler Prohibition Act (passed legislature; awaiting gubernatorial action)

Status
Proposed / pending
Applies to
Operators of web crawlers accessing covered New York news sources — including AI developers, search engines, archivists, academic researchers and accountability organisations — prospectively, if the bill is signed
Enforced by
New York State (civil enforcement); not yet operative

New York's Legislature has passed the Stealth Crawler Prohibition Act, S9934 / A11292, and sent it to Governor Kathy Hochul. It is the first bill of its kind in the country. The rule is simple to state: any web crawler that accesses a covered news source must disclose its identity and its purpose, either before or at the time of access. Deploying a 'stealth crawler' in a way that damages or economically harms a news publisher is a civil violation carrying penalties of up to $15,000 PER DAY. The bill is framed as protection for local journalism against AI companies scraping news content without identifying themselves. It has drawn organized opposition from an unusual direction. The Electronic Frontier Foundation, the Center for Democracy & Technology and more than a dozen other civil society organizations — nineteen groups in all — wrote to Governor Hochul urging a veto. Their argument is that although the bill is presented as a journalism measure, it effectively DEANONYMIZES AND CRIMINALIZES AUTOMATED ACCESS TO THE OPEN WEB: it would threaten anonymous access to information, compel speculative disclosures about purpose, and expose researchers, journalists, watchdogs and ordinary internet users to liability simply for using automated tools to read publicly available pages. This entry is recorded as PROPOSED. The bill is not law, the Governor had not acted as of mid-September 2026, and action was widely expected to wait until after the November 7, 2026 gubernatorial election.

Who is protected: New York news publishers, as the bill's stated beneficiaries; per the opposition, the populations put at risk are researchers, journalists, watchdog organisations and ordinary internet users relying on automated access

Legal detail

State of New York — S9934 / A11292, the NEW YORK STEALTH CRAWLER PROHIBITION ACT, passed by both houses and delivered to Gov. Kathy Hochul; NOT ENACTED as of 2026-09-15. CORE OBLIGATION: any CRAWLER accessing a COVERED NEWS SOURCE must DISCLOSE ITS IDENTITY AND PURPOSE before or at the time of access. PENALTY: deploying a stealth crawler in a manner that DAMAGES OR ECONOMICALLY HARMS a news publisher is a CIVIL VIOLATION carrying penalties of UP TO $15,000 PER DAY. FIRST IN THE NATION: no other state has enacted a crawler-identification mandate. POLICY FRAME: protection of local journalism against unidentified automated scraping, principally by AI developers building training corpora and retrieval systems. ORGANISED OPPOSITION, which is the reason this entry is worth recording in full: the ELECTRONIC FRONTIER FOUNDATION, the CENTER FOR DEMOCRACY & TECHNOLOGY and more than a dozen further civil society organisations — 19 groups total — formally urged the Governor to VETO. Their stated objections: (a) the bill effectively DEANONYMIZES AND CRIMINALIZES AUTOMATED ACCESS TO THE OPEN WEB; (b) it THREATENS ANONYMOUS ACCESS TO INFORMATION; (c) it COMPELS SPECULATIVE DISCLOSURES, since a crawler must state a 'purpose' that may not be fixed at the time of access; (d) it EXPOSES RESEARCHERS, JOURNALISTS, WATCHDOGS AND ORDINARY USERS TO LIABILITY for using automated tools to read the open web. WHY THIS MATTERS BEYOND NEW YORK: most AI-adjacent measures in this dataset restrict what a system may DO with data. This one restricts HOW a system may READ publicly accessible pages, and does so through an identification mandate rather than a use restriction. If enacted it would apply to any crawler reaching a New York news site regardless of where the operator sits, and the civil-liberties objection is that the same mechanism reaches non-commercial and accountability uses indistinguishably from commercial scraping. PROCEDURAL EXPECTATION: commentary held that the Governor was unlikely to act on any passed bill until after the NOVEMBER 7, 2026 GUBERNATORIAL ELECTION. COMPANION NEW YORK ACTIVITY: New York moved on SURVEILLANCE PRICING in the same period; the indexed measures include New York Algorithmic Pricing Disclosure Act (personalized prices need a label).

Key facts

JurisdictionNew York
LevelState
CitationN.Y. S. 9934 / A. 11292 (2025-2026 Sess.) — New York Stealth Crawler Prohibition Act (passed legislature; awaiting gubernatorial action)
PenaltiesUp to $15,000 per day for deploying a stealth crawler in a manner that damages or economically harms a news publisher — prospective, subject to enactment
Topicscopyright and training data · consumer data privacy · AI disclosure and transparency · automated decision-making · consumer protection
Legal analysisEFF Joins 18 Civil Rights Organizations Calling on Governor Hochul to Reject the Stealth Crawler Prohibition Act — Electronic Frontier Foundation

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