WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
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.
This Act may be cited as the ''Political Bias In Algorithm Sorting Emails Act of 2022'' or the ''Political BIAS Emails Act of 2022''.
This section establishes the short title of the Act as the "Political Bias In Algorithm Sorting Emails Act of 2022" or the "Political BIAS Emails Act of 2022." It creates no compliance obligations.
(a)(1) 1 It shall be unlawful for an operator of an email service to use a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) to apply a label to an email sent to an email account from a political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) unless the owner or user of the account took action to apply such a label.
(a)(2) The prohibition under subsection (1) shall take effect on the date that is 3 months after the date of enactment of this Act.
This subsection imposes the bill's core prohibition: operators of email services may not use a filtering algorithm to apply a label (such as a spam flag) to an email sent from a political campaign unless the email account owner or user affirmatively directed that label. The prohibition takes effect 3 months after enactment. This is a categorical ban on automated algorithmic classification of political campaign emails absent user direction — it does not merely require disclosure or consent but prohibits the conduct outright.
(b)(1) 2 Beginning with the first year that begins on or after the date that is 120 days after the date of enactment of this Act, each operator of an email service shall be required to make publicly available, on a quarterly basis, a transparency report that meets the requirements of this subsection.
(b)(2)(A)–(K) 2 Each quarterly report by an operator of an email service required under this subsection shall include the following: (A) The total number of instances during the previous quarter in which emails from political campaignsPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) were flagged as spam. (B) The number of instances during the previous quarter in which emails from political campaignsPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) were flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) without direction from the email account owner or user. (C) The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Republican Party were flagged as spam. (D) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Republican party. (E) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Republican Party were flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) without direction from the email account owner or user. (F) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Republican Party. (G) The total number of instances during the previous quarter when emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam. (H) The percentage of emails during the previous quarter of the year flagged as spam from political campaigns of candidates belonging to the Democratic party. (I) The number of instances during the previous quarter in which emails from political campaigns of candidates belonging to the Democratic Party were flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) without direction from the email account owner or user. (J) The percentage of emails during the previous quarter of the year flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1) without direction from the email account owner or user for emails from political campaigns of candidates belonging to the Democratic party. (K) A descriptive summary of the kinds of tools, practices, actions, and techniques used by an operator of an email service during the previous quarter in determining which emails from political campaignsPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) to flag as spam.
(b)(3) 2 The operator of an email service shall publish each quarterly report required under this subsection with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers.
This subsection requires each operator of an email service to publish a quarterly transparency report beginning 120 days after enactment. The report must include detailed metrics on political email spam flagging — total instances, instances caused by filtering algorithms without user direction, and breakdowns by Republican and Democratic party affiliation — as well as a descriptive summary of the tools and techniques used to determine which political campaign emails to flag. Reports must be published with an open license, in a machine-readable and open format, and in a location easily accessible to consumers.
(c)(1) 3 Beginning 3 months after the date of the enactment of this Act, each operator of an email service shall be required to disclose to a political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3), upon the request of the campaign and subject to paragraph (3), a report that includes any of the information described in paragraph (2) that is requested by the campaign.
(c)(2)(A)–(F) 3 The information described in this paragraph is the following: (A) The number of instances during the previous quarter when emails from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information were flagged as spam. (B) The percentage of emails sent from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information that were flagged as spam during the previous quarter. (C) The number of instances during the previous calendar quarter when emails from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information were flagged as spam by a filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1). (D) The total number of emails sent from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information that reached the intended recipient's primary inbox. (E) The percentage of emails sent from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information that reached the intended recipient's primary inbox. (F) A descriptive summary as to why an email from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) requesting the information did not reach the intended recipient's primary inbox.
(c)(3) 3 A political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) may not request that an operator of an email service provide a report containing any of the information described in paragraph (2) more than— (A) once per week during election years; (B) twice per month during non-election years; and (C) once a week in the 12 months preceding the date of a special election in which a candidate associated with the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) is seeking election.
(c)(4) 4 An operator of an email service shall provide to a political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3), upon request, best practices on steps the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) should take to increase the number of emails from the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) that reach the intended recipient's primary inbox.
(c)(5) 3 An operator of an email service that receives a request from a political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) for a disclosure report described in paragraph (1) or best practices described in paragraph (4) shall provide such report or best practices to the political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3) not later than 4 days after the operatorOperator(A) IN GENERAL.—The term "operator" means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) EXCLUSIONS.—Such term shall not include any person who operates an email service if such service 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; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts.Sec. 3(2) receives the request.
This subsection requires operators to provide on-demand disclosure reports to individual political campaigns containing campaign-specific metrics on spam flagging — instances, percentages, algorithm-driven flags, primary inbox delivery counts and rates, and a summary explaining why emails did not reach the primary inbox. Request frequency is capped at once per week during election years, twice per month during non-election years, and once per week in the 12 months preceding a special election. Operators must also provide best-practices guidance on improving inbox delivery upon request. All disclosures and best practices must be provided within 4 days of the request.
(d)(1) A violation of subsection (a), (b), or (c) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(d)(2)(A) The Federal Trade Commission 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 Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
(d)(2)(B) Any person who violates subsection (a) 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.).
(d)(2)(C) Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.
This subsection designates the Federal Trade Commission as the enforcement authority for all substantive obligations in the bill. Violations of the prohibited conduct, transparency reporting, and campaign disclosure provisions are treated as violations of an FTC rule defining unfair or deceptive acts or practices. The FTC enforces using its existing jurisdiction, powers, and duties under the FTC Act. No private right of action is created. A savings clause preserves the FTC's existing authority under other provisions of law.
(1) The term ''filtering algorithmFiltering algorithmThe term "filtering algorithm" means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.Sec. 3(1)'' means a computational process, including one derived from algorithmic decision making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used by an email service to identify and filter emails sent to an email account.
(2)(A)–(B) IN GENERAL.—The term ''operatorOperator(A) IN GENERAL.—The term "operator" means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) EXCLUSIONS.—Such term shall not include any person who operates an email service if such service 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; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts.Sec. 3(2)'' means any person who operates an email service and includes any person that wholly owns a subsidiary entity that operates an email service. (B) EXCLUSIONS.—Such term shall not include any person who operates an email service if such service 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; and (ii) for the most recent 12-month period, averaged less than $5,000,000,000 in annual gross receipts.
(3)(A)–(F) The term ''political campaignPolitical campaignThe term "political campaign" includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).Sec. 3(3)'' includes— (A) an individual who is a candidate (as such term is defined in section 301(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(2))); (B) an authorized committee (as such term is defined in section 301(6) of such Act); (C) a connected organization (as such term is defined in section 301(7) of such Act); (D) a national committee (as such term is defined in section 301(15) of such Act); (E) a State committee (as such term is defined in section 301(15) of such Act); and (F) a joint fundraising committee that includes any entity described in subparagraphs (A) through (E).
This section defines three key terms used throughout the Act: filtering algorithm (broadly covering computational processes including AI, ML, and statistical analysis used to identify and filter emails), operator (any person operating an email service, with a small-business exclusion for entities with fewer than 500 employees and less than $5 billion in annual gross receipts), and political campaign (covering candidates, authorized committees, connected organizations, national and state committees, and joint fundraising committees as defined under the Federal Election Campaign Act).