Federal · House Bill · 119th Congress, 1st Session
HR6253
H.R. 6253 — Algorithmic Transparency and Choice Act

Status ● Introduced Effective N/A Passage Likelihood L

WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Federal Trade Commission enforcement. A violation is treated as a violation of a rule defining an unfair or deceptive act or practice under Section 18(a)(1)(B) of the FTC Act. The FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Violations subject to penalties provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). No specific statutory damages, punitive damages, or attorney fees are created by this Act. Remedies are those available to the FTC under existing authority.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Sec. 1
Short Title

This Act may be cited as the ''Algorithmic Transparency and Choice Act''.

This section establishes the short title of the Act as the Algorithmic Transparency and Choice Act. It creates no compliance obligations.

Sec. 2(a)
Notice and algorithm preference requirements for covered online platforms to provide to minors
Deployer

(a)(1)(A) 1 A notice that the platform uses a personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) to select the content the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) sees, presented in a clear and conspicuous manner on the platform whenever the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) interacts with a personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) for the first time.

(a)(1)(B) 2 A notice, included in the terms and conditions of the platform, in a clear, accessible, and easily comprehensible manner that is updated whenever the platform makes a material change, that includes the following: (i) A description of any feature, input, and parameter essential to the operation of the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10). (ii) How any user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) used by the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) is collected or inferred about a covered user of the platform and each category of such data. (iii) Any option that the platform makes available for a covered user of the platform to opt out or exercise an option under subparagraph (C) or (D), modify the profile of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5), or to influence any feature, input, or parameter used by the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10). (iv) Any quantity (such as time spent using a product or specific measure of engagement or social interaction) that the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) is designed to optimize, as well as a general description of the relative importance of each quantity for such ranking.

(a)(1)(C) 3 An option to easily switch between the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) and an input-transparent algorithmInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7) in their use of the platform.

(a)(1)(D) 4 An option to limit the type or category of recommendations from a personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10).

(a)(2) 5 Provide an input-transparent algorithmInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7) as the default setting for a covered user of the platform.

Section 2(a) imposes the bill's core operating obligations on providers of covered online platforms. Beginning one year after enactment, platforms must provide minor users (covered users) with a suite of transparency disclosures about their personalized recommendation systems and meaningful controls to opt out of or limit personalization. The disclosure obligations operate at two levels: a first-interaction notice informing the minor that the platform uses personalized recommendations, and a more detailed terms-and-conditions disclosure covering system features, data collection practices, user controls, and optimization targets. Platforms must also offer minors an easy toggle to switch between the personalized recommendation system and an input-transparent algorithm, and must make the input-transparent algorithm the default setting for all covered users.

The requirement to default minors to a non-personalized algorithm is the bill's most consequential operational mandate — it reverses the typical platform design where personalization is the default and non-personalized feeds are buried in settings.

Compliance actions 5 items
1
Providers of covered online platformsCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) must present minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) users with a clear and conspicuous notice that the platform uses a personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) to select content, displayed the first time the minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) interacts with the system.
D-01.1
2
Providers of covered online platformsCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) must include in their terms and conditions a clear, accessible, and current description of (1) features, inputs, and parameters essential to the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10)'s operation, (2) how user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) is collected or inferred and the categories of such data, (3) all available user options to opt out, switch algorithms, modify their profile, or influence the system's inputs, and (4) each quantity the system is designed to optimize and its relative importance.
D-01.1
3
Providers of covered online platformsCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) must offer minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) users an easy option to switch between the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10) and an input-transparent algorithmInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7).
D-01.3
4
Providers of covered online platformsCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) must offer minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) users an option to limit the type or category of recommendations from the personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10).
D-01.3
5
Providers of covered online platformsCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) must set an input-transparent algorithmInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7) — one that does not use user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) not expressly provided by the minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) — as the default content curation setting for all minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) users.
MN-01.8
Sec. 2(b)
Enforcement by Federal Trade Commission

(b)(1) A violation of this section 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2) Act (15 U.S.C. 57a(a)(1)(B)).

(b)(2)(A) The Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2) shall enforce this section 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.

(b)(2)(B) Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2) Act (15 U.S.C. 41 et seq.).

(b)(2)(C) Nothing in this section shall be construed to limit the authority of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2) under any other provision of law.

Section 2(b) designates the Federal Trade Commission as the sole enforcement authority. Violations are treated as violations of an FTC rule defining an unfair or deceptive act or practice under Section 18(a)(1)(B) of the FTC Act. The FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act, and violators are subject to FTC Act penalties and entitled to FTC Act privileges and immunities. A savings clause preserves the Commission's existing authority under other provisions of law.

Sec. 2(c)
Rules of construction

(c)(1) Nothing in this section may be construed to require a covered online platformCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) to disclose any information, including data or any personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10)— (A) relating to a trade secret or other protected intellectual property; (B) that is confidential business information; or (C) that is privileged.

(c)(2) Nothing in this section may be construed to limit or prohibit the ability of a covered online platformCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4) to, at the direction of a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) or group of covered usersCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5), restrict another covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) from searching for, finding, accessing, or interacting with the account, content, data, or online community of such covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) or group.

Section 2(c) contains two rules of construction. The first protects platforms from being required to disclose trade secrets, confidential business information, or privileged information about their personalized recommendation systems. The second preserves platforms' ability to implement user-directed blocking and restriction features. Neither provision creates an affirmative compliance obligation.

Sec. 2(d)
Definitions

(d)(1)–(12) APPROXIMATE GEOLOCATION INFORMATIONApproximate geolocation informationThe term "approximate geolocation information" means information that identifies the location of an individual, but with a precision of less than 5 miles.Sec. 2(d)(1).—The term ''approximate geolocation informationApproximate geolocation informationThe term "approximate geolocation information" means information that identifies the location of an individual, but with a precision of less than 5 miles.Sec. 2(d)(1)'' means information that identifies the location of an individual, but with a precision of less than 5 miles. (2) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2).—The term ''CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2)'' means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(d)(2). (3) CONNECTED DEVICEConnected deviceThe term "connected device" means an electronic device 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; (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data; and (C) is primarily designed for or marketed to consumers.Sec. 2(d)(3).—The term ''connected deviceConnected deviceThe term "connected device" means an electronic device 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; (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data; and (C) is primarily designed for or marketed to consumers.Sec. 2(d)(3)'' means an electronic device 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; (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data; and (C) is primarily designed for or marketed to consumers. (4) COVERED ONLINE PLATFORMCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4).—The term ''covered online platformCovered online platformThe term "covered online platform" means an online platform that uses a personalized recommendation system.Sec. 2(d)(4)'' means an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9) that uses a personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10). (5) COVERED USERCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5).—The term ''covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5)'' means, with respect to an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9), a minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8) who registers an account or creates a profile on the covered platform. (6) FULLY AUTOMATED SYSTEMFully automated systemThe term "fully automated system" means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person.Sec. 2(d)(6).—The term ''fully automated systemFully automated systemThe term "fully automated system" means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person.Sec. 2(d)(6)'' means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person. (7) INPUT-TRANSPARENT ALGORITHMInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7).— (A) IN GENERAL.—The term ''input-transparent algorithmInput-transparent algorithmThe term "input-transparent algorithm" means a fully automated system that does not use the user-specific data of a covered user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered user on an online platform, unless the user-specific data is expressly provided to the platform by the covered user for such purpose. For purposes of subparagraph (A), user-specific data that is provided by a covered user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes any search term, filter, and speech pattern supplied by the covered user (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered user interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation information that is supplied by the covered user; (ii) includes the current approximate geolocation information of the covered user; (iii) includes data affirmatively submitted to the platform by the covered user that expresses the clear desire of the covered user to receive particular information; (iv) does not include the history of the connected device of the covered user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered user; and (v) does not include inferences about the covered user or the connected device of the covered user, without regard to whether such inferences are based on data described in clauses (i) or (iii).Sec. 2(d)(7)'' means a fully automated systemFully automated systemThe term "fully automated system" means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person.Sec. 2(d)(6) that does not use the user-specific data of a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) on an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9), unless the user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) is expressly provided to the platform by the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) for such purpose. (B) DATA EXPRESSLY PROVIDED TO THE PLATFORM.—For purposes of subparagraph (A), user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) that is provided by a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9)— (i) includes any search term, filter, and speech pattern supplied by the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) interacts with the platform), saved preference, the resumption of a previous search, and the current precise geolocation informationPrecise geolocation informationThe term "precise geolocation information" means geolocation information that identifies the location of an individual to within a range of 5 miles or less.Sec. 2(d)(11) that is supplied by the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5); (ii) includes the current approximate geolocation information of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5); (iii) includes data affirmatively submitted to the platform by the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) that expresses the clear desire of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) to receive particular information; (iv) does not include the history of the connected device of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5), including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5); and (v) does not include inferences about the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) or the connected device of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5), without regard to whether such inferences are based on data described in clauses (i) or (iii). (8) MINORMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8).—The term ''minorMinorThe term "minor" means an individual under the age of 18.Sec. 2(d)(8)'' means an individual under the age of 18. (9) ONLINE PLATFORMOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9).—The term ''online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9)''— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail. (10) PERSONALIZED RECOMMENDATION SYSTEMPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10).—The term ''personalized recommendation systemPersonalized recommendation systemThe term "personalized recommendation system"— (A) means a fully automated system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the covered user to the platform for such purpose; and (B) does not include a fully automated system used by an online platform if— (i) the only user-specific data, including any inference about the covered user, that the system uses is— (I) information relating to the age of the covered user; and (II) such information is only used to fulfill a request to restrict the access of a covered user to content on the basis that the content is not age-appropriate for the covered user; or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service.Sec. 2(d)(10)''— (A) means a fully automated systemFully automated systemThe term "fully automated system" means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person.Sec. 2(d)(6) that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) on an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9) based, in whole or part, on user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12) that was not expressly provided by the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) to the platform for such purpose; and (B) does not include a fully automated systemFully automated systemThe term "fully automated system" means an operation or set of operations performed on data with minimal or no direction, instruction, prompting, oversight, involvement, or intervention by a natural person.Sec. 2(d)(6) used by an online platformOnline platformThe term "online platform"— (A) means a public-facing website, internet application, or mobile internet application, including a social network, or video sharing service— (i) that serves the public; and (ii) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and (B) does not include— (i) a provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation); or (ii) electronic mail.Sec. 2(d)(9) if— (i) the only user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12), including any inference about the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5), that the system uses is— (I) information relating to the age of the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5); and (II) such information is only used to fulfill a request to restrict the access of a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) to content on the basis that the content is not age-appropriate for the covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5); or (ii) such system is designed to block or filter spam, prevent or detect fraud or other illegal activity, or preserve the security of any system, product, or service. (11) PRECISE GEOLOCATION INFORMATIONPrecise geolocation informationThe term "precise geolocation information" means geolocation information that identifies the location of an individual to within a range of 5 miles or less.Sec. 2(d)(11).—The term ''precise geolocation informationPrecise geolocation informationThe term "precise geolocation information" means geolocation information that identifies the location of an individual to within a range of 5 miles or less.Sec. 2(d)(11)'' means geolocation information that identifies the location of an individual to within a range of 5 miles or less. (12) USER-SPECIFIC DATAUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12).—The term ''user-specific dataUser-specific dataThe term "user-specific data" means information relating to a covered user or a specific connected device that would not necessarily be true of every individual or device.Sec. 2(d)(12)'' means information relating to a covered userCovered userThe term "covered user" means, with respect to an online platform, a minor who registers an account or creates a profile on the covered platform.Sec. 2(d)(5) or a specific connected deviceConnected deviceThe term "connected device" means an electronic device 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; (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data; and (C) is primarily designed for or marketed to consumers.Sec. 2(d)(3) that would not necessarily be true of every individual or device.

Section 2(d) establishes twelve defined terms that delimit the bill's scope. The key operative definitions are covered online platform (an online platform that uses a personalized recommendation system), covered user (a minor who registers an account or creates a profile), personalized recommendation system (a fully automated system that curates content based on user-specific data not expressly provided by the user), and input-transparent algorithm (a system that only uses data expressly provided by the user). The personalized recommendation system definition carves out age-gating systems and spam/fraud/security filters.

Sec. 2(e)
Relationship to State Laws — Express Preemption

(e) No State or political subdivision of a State may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law, if such law rule, regulation, requirement, standard, or other provision covers the requirements of subsection (a).

Section 2(e) expressly preempts any state or local law, rule, regulation, requirement, standard, or other provision that covers the same requirements as subsection (a). This is a broad field-preemption clause that prevents states from imposing their own algorithmic transparency or recommendation-control requirements on covered platforms with respect to minors. It does not, however, preempt state laws addressing other topics such as data privacy, child safety, or content moderation that do not overlap with the specific algorithmic transparency and choice obligations in subsection (a).

Passage Likelihood

Low
Status Introduced
Chamber No passage
Committee No action
Majority party (No data)
Bipartisan No
Prior session None

Legislative History

2025-11-21 Introduced in House
2025-11-21 Referred to the House Committee on Energy and Commerce.
2025-11-21 Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
2025-12-11 Subcommittee Consideration and Mark-up Session Held
2025-12-11 Forwarded by Subcommittee to Full Committee by Voice Vote.

Entry Last Reviewed

2026-05-20
AI generated