[Congressional Record Volume 165, Number 173 (Thursday, October 31, 2019)]
[Senate]
[Pages S6337-S6338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself, Mr. Blumenthal, Mr. Moran, Mrs. 
        Blackburn, and Mr. Warner):
  S. 2763. A bill to require that internet platforms give users the 
option to engage with a platform without being manipulated by 
algorithms driver by user-specific data; to the Committee on Commerce, 
Science, and Transportation.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2763

       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.

[[Page S6338]]

       (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.
                                 ______