New York’s gaming commission received more than 240 public comments on a proposal to require biometric data, including facial recognition or fingerprints, before people can create or access online sports-betting accounts. Most of the comments opposed the idea, and staff are now revising the language ahead of the commission’s next meeting.
As covered in July, New York was already weighing biometric checks as part of a broader push to keep minors out of online betting. The commission’s pre-proposal memo is titled “Potential Rulemaking for Underage Play Prevention (9 NYCRR § 5402.4)” and says Gov. Kathy Hochul’s 2026 State of the State called for action to limit young people’s access to betting apps.
The memo says Hochul directed the commission to explore ways to stop young people from illegally downloading betting apps, creating accounts or using someone else’s account, including biometric approaches. It also says the panel announced on 16 March that it would consider regulations on underage play prevention, and that no rule could eliminate a minor’s access entirely, though some measures could reduce it.
Under the draft, operators would have to use age-assurance controls, collect biometric data when an account is opened, check biometrics before wagers are placed and accepted, and use geolocation and other access controls to spot account sharing or suspicious use. The memo also contemplates closing accounts that do not provide biometric data within 60 days, letting adults block use of their Social Security numbers for account creation for a fixed period, and reporting adults who facilitate underage gambling.
Williams told the meeting that the commission had received over 240 comments, all of them posted online, and that this was probably its largest response to any proposal or pre-proposal. The public response was largely hostile, with commenters warning about data breaches, the permanence of biometric data and the risk of making it harder for lawful bettors to log in.
One commenter said repeated facial scans would add “a serious new privacy risk” to systems that already verify identity with a Social Security number and valid ID. Another called a face scan “invasive and unnecessary” and said there was no way to undo the damage if a breach occurred.
The Sports Betting Alliance took a different line, with president Joe Maloney calling some of the rules “a solution in search of a problem” and arguing that regulators should focus on keeping illegal and unregulated operators out of New York.
Staff said they were examining the language to make sure it is not so intrusive that it materially inhibits access by adults, while still reducing underage gaming. They also said they would take a hard look at alternatives and may speak directly with online sports-betting license holders about any negative implications before the revised proposal comes back for review.
