[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8636 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8636

 To amend section 230(c) of the Communications Act of 1934 to prevent 
immunity for interactive computer services for certain claims, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2020

  Mr. Malinowski (for himself and Ms. Eshoo) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend section 230(c) of the Communications Act of 1934 to prevent 
immunity for interactive computer services for certain claims, and for 
                            other purposes.

    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 ``Protecting Americans from Dangerous 
Algorithms Act''.

SEC. 2. AMENDMENT.

    Section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) 
is amended by adding at the end the following new paragraph:
            ``(3) Algorithmic amplification.--
                    ``(A) In general.--For purposes of paragraph (1), 
                an interactive computer service shall be considered to 
                be an information content provider and the protection 
                under such paragraph shall not apply for any claim 
                described in subparagraph (B).
                    ``(B) Conditions for claim.--
                            ``(i) In general.--A claim in this 
                        subparagraph requires the following:
                                    ``(I) A claim in a civil action is 
                                brought under--
                                            ``(aa) section 1980 or 1981 
                                        of the Revised Statutes (42 
                                        U.S.C. 1985; 42 U.S.C. 1986); 
                                        or
                                            ``(bb) section 2333 of 
                                        title 18, United States Code.
                                    ``(II) Except as provided in clause 
                                (ii), the claim involves a case in 
                                which the interactive computer service 
                                used an algorithm, model, or other 
                                computational process to rank, order, 
                                promote, recommend, amplify, or 
                                similarly alter the delivery or display 
                                of information (including any text, 
                                image, audio, or video post, page, 
                                group, account, or affiliation) 
                                provided to a user of the service if 
                                the information is directly relevant to 
                                the claim.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i)(II), the requirement is not met if--
                                    ``(I) the information delivery or 
                                display is ranked, ordered, promoted, 
                                recommended, amplified, or similarly 
                                altered in a way that is obvious, 
                                understandable, and transparent to a 
                                reasonable user based only on the 
                                delivery or display of the information 
                                (without the need to reference the 
                                terms of service or any other 
                                agreement), including sorting 
                                information--
                                            ``(aa) chronologically or 
                                        reverse chronologically;
                                            ``(bb) by average user 
                                        rating or number of user 
                                        reviews;
                                            ``(cc) alphabetically; and
                                            ``(dd) randomly; or
                                    ``(II) the algorithm, model, or 
                                other computational process is used for 
                                information a user specifically 
                                searches for.
                    ``(C) Small business exception.--This paragraph 
                shall not apply to an interactive computer service that 
                (in combination with each subsidiary and affiliate of 
                the service) has 50,000,000 or fewer unique monthly 
                visitors or users for a majority of the preceding 12 
                months.''.
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