[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2763 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2763

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 SENATE OF THE UNITED STATES

                            October 31, 2019

Mr. Thune (for himself, Mr. Blumenthal, Mr. Moran, Mrs. Blackburn, and 
  Mr. Warner) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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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