[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5921 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5921
To require that internet platforms give users the option to engage with
a platform without being manipulated by algorithms driven by user-
specific data.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2021
Mr. Buck (for himself, Mr. Cicilline, Mr. Owens, and Mrs. Trahan)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To require that internet platforms give users the option to engage with
a platform without being manipulated by algorithms driven by user-
specific data.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filter Bubble Transparency Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Algorithmic ranking system.--The term ``algorithmic
ranking system'' means a computational process, including one
derived from algorithmic decision making, machine learning,
statistical analysis, or other data processing or artificial
intelligence techniques, used to determine the order or manner
that a set of information is provided to a user on a covered
internet platform, including the ranking of search results, the
provision of content recommendations, the display of social
media posts, or any other method of automated content
selection.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Connected device.--The term ``connected device'' means
a physical object that--
(A) is capable of connecting to the internet,
either directly or indirectly through a network, to
communicate information at the direction of an
individual; and
(B) has computer processing capabilities for
collecting, sending, receiving, or analyzing data.
(4) Covered internet platform.--
(A) In general.--The term ``covered internet
platform'' means any public-facing website, internet
application, or mobile application, including a social
network site, video sharing service, search engine, or
content aggregation service.
(B) Exclusions.--Such term shall not include a
platform that--
(i) is wholly owned, controlled, and
operated by a person that--
(I) for the most recent 6-month
period, did not employ more than 500
employees;
(II) for the most recent 3-year
period, averaged less than $50,000,000
in annual gross receipts; and
(III) collects or processes on an
annual basis the personal data of less
than 1,000,000 individuals; or
(ii) is operated for the sole purpose of
conducting research that is not made for profit
either directly or indirectly.
(5) Input-transparent algorithm.--
(A) In general.--The term ``input-transparent
algorithm'' means an algorithmic ranking system that
does not use the user-specific data of a user to
determine the order or manner that information is
furnished to such user on a covered internet platform,
unless the user-specific data is expressly provided to
the platform by the user for such purpose.
(B) Inclusion of age-appropriate content filters.--
Such term shall include an algorithmic ranking system
that uses user-specific data to determine whether a
user is old enough to access age-restricted content on
a covered internet platform, provided that the system
otherwise meets the requirements of subparagraph (A).
(C) Data provided for express purpose of
interaction with platform.--For purposes of
subparagraph (A), user-specific data that is provided
by a user for the express purpose of determining the
order or manner that information is furnished to a user
on a covered internet platform--
(i) shall include user-supplied search
terms, filters, speech patterns (if provided
for the purpose of enabling the platform to
accept spoken input or selecting the language
in which the user interacts with the platform),
saved preferences, and the user's current
geographical location;
(ii) shall include data supplied to the
platform by the user that expresses the user's
desire that information be furnished to them,
such as the social media profiles the user
follows, the video channels the user subscribes
to, or other sources of content on the platform
the user follows;
(iii) shall not include the history of the
user's connected device, including the user's
history of web searches and browsing,
geographical locations, physical activity,
device interaction, and financial transactions;
and
(iv) shall not include inferences about the
user or the user's connected device, without
regard to whether such inferences are based on
data described in clause (i).
(6) Opaque algorithm.--
(A) In general.--The term ``opaque algorithm''
means an algorithmic ranking system that determines the
order or manner that information is furnished to a user
on a covered internet platform based, in whole or part,
on user-specific data that was not expressly provided
by the user to the platform for such purpose.
(B) Exception for age-appropriate content
filters.--Such term shall not include an algorithmic
ranking system used by a covered internet platform if--
(i) the only user-specific data (including
inferences about the user) that the system uses
is information relating to the age of the user;
and
(ii) such information is only used to
restrict a user's access to content on the
basis that the individual is not old enough to
access such content.
(7) Search syndication contract; upstream provider;
downstream provider.--
(A) Search syndication contract.--The term ``search
syndication contract'' means a contract or subcontract
for the sale, license, or other right to access an
index of web pages on the internet for the purpose of
operating an internet search engine.
(B) Upstream provider.--The term ``upstream
provider'' means, with respect to a search syndication
contract, the person that grants access to an index of
web pages on the internet to a downstream provider
under the contract.
(C) Downstream provider.--The term ``downstream
provider'' means, with respect to a search syndication
contract, the person that receives access to an index
of web pages on the internet from an upstream provider
under such contract.
(8) User-specific data.--The term ``user-specific data''
means information relating to an individual or a specific
connected device that would not necessarily be true of every
individual or device.
SEC. 3. REQUIREMENT TO ALLOW USERS TO SEE UNMANIPULATED CONTENT ON
INTERNET PLATFORMS.
(a) In General.--Beginning on the date that is 1 year after the
date of enactment of this Act, it shall be unlawful--
(1) for any person to operate a covered internet platform
that uses an opaque algorithm unless the person complies with
the requirements of subsection (b); or
(2) for any upstream provider to grant access to an index
of web pages on the internet under a search syndication
contract that does not comply with the requirements of
subsection (c).
(b) Opaque Algorithm Requirements.--
(1) In general.--The requirements of this subsection with
respect to a person that operates a covered internet platform
that uses an opaque algorithm are the following:
(A) The person provides notice to users of the
platform that the platform uses an opaque algorithm
that makes inferences based on user-specific data to
select the content the user sees. Such notice shall be
presented in a clear, conspicuous manner on the
platform whenever the user interacts with an opaque
algorithm for the first time, and may be a one-time
notice that can be dismissed by the user.
(B) The person makes available a version of the
platform that uses an input-transparent algorithm and
enables users to easily switch between the version of
the platform that uses an opaque algorithm and the
version of the platform that uses the input-transparent
algorithm by selecting a prominently placed icon, which
shall be displayed wherever the user interacts with an
opaque algorithm.
(2) Nonapplication to certain downstream providers.--
Paragraph (1) shall not apply with respect to an internet
search engine if--
(A) the search engine is operated by a downstream
provider with fewer than 1,000 employees; and
(B) the search engine uses an index of web pages on
the internet to which such provider received access
under a search syndication contract.
(c) Search Syndication Contract Requirement.--The requirements of
this subsection with respect to a search syndication contract are
that--
(1) as part of the contract, the upstream provider makes
available to the downstream provider the same input-transparent
algorithm used by the upstream provider for purposes of
complying with subsection (b)(1)(B); and
(2) the upstream provider does not impose any additional
costs, degraded quality, reduced speed, or other constraint on
the functioning of such algorithm when used by the downstream
provider to operate an internet search engine relative to the
performance of such algorithm when used by the upstream
provider to operate an internet search engine.
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
by an operator of a covered internet platform shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--Except as provided in paragraph (3), the
Federal Trade Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act.
(2) Privileges and immunities.--Except as provided in
paragraph (3), any person who violates this Act shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Common carriers and nonprofit organizations.--
Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade
Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any
jurisdictional limitation of the Commission, the Commission
shall also enforce this Act, in the same manner provided in
paragraphs (1) and (2) of this paragraph, with respect to--
(A) common carriers subject to the Communications
Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory
thereof and supplementary thereto; and
(B) organizations not organized to carry on
business for their own profit or that of their members.
(4) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
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