117 HR 5596 IH: Justice Against Malicious Algorithms Act of 2021 U.S. House of Representatives 2021-10-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 117th CONGRESS1st Session H. R. 5596 IN THE HOUSE OF REPRESENTATIVES October 15, 2021 Mr. Pallone (for himself, Mr. Michael F. Doyle of Pennsylvania, Ms. Schakowsky, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 230 of the Communications Act of 1934 to limit the liability protection provided by such section when a provider of an interactive computer service knew or should have known such provider was making a personalized recommendation of third-party information or recklessly made a personalized recommendation of such information, and for other purposes.

1.

Short title

This Act may be cited as the Justice Against Malicious Algorithms Act of 2021.

2.

Personalized recommendation of third-party information

(a)

In general

Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended— (1)by redesignating subsection (f) as subsection (g); (2)by inserting after subsection (e) the following: (f)

Personalized recommendation of information provided by another information content provider

(1)

In general

Subsection (c)(1) does not apply to a provider of an interactive computer service with respect to information provided through such service by another information content provider if— (A)such provider of such service— (i)knew or should have known such provider of such service was making a personalized recommendation of such information; or (ii)recklessly made a personalized recommendation of such information; and (B)such recommendation materially contributed to a physical or severe emotional injury to any person. (2)

Exemptions

(A)

Small businesses

Paragraph (1) of this subsection does not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) has 5,000,000 or fewer unique monthly visitors or users for not fewer than 3 of the preceding 12 months. (B)

User-specified search

Paragraph (1) of this subsection does not apply to a provider of an interactive computer service to the extent that the recommendation was made directly in response to a user-specified search. (C)

Internet infrastructure

Paragraph (1) of this subsection does not apply to a provider of an interactive computer service to the extent that the service, system, or access software of such provider is used by another interactive computer service for the management, control, or operation of such other interactive computer service, including for— (i)web hosting; (ii)domain registration; (iii)content delivery networks; (iv)caching; (v)data storage; and (vi)cybersecurity.; and (3)in subsection (g) (as so redesignated), by adding at the end the following: (5)

Personalized recommendation

The term personalized recommendation means, with respect to information, the material enhancement, using a personalized algorithm, of the prominence of such information with respect to other information. (6)

Personalized algorithm

The term personalized algorithm means an algorithm that relies on information specific to an individual. (7)

Algorithm

The term algorithm means any computational process, model, or other automated means of processing to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post and any page, group, account, channel, or affiliation).. (b)

Conforming amendment

Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking section 230(f)(2) and inserting section 230(g)(2). (c)

Applicability

The amendments made by this section shall apply with respect to recommendations made after the date that is 180 days after the date of the enactment of this Act.