Regulon — US-S-2325 · US S 2325 (Algorithmic Justice & Platform Transparency)

WHAT THIS BILL REGULATES · 8 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

Federal Trade Commission enforcement. Violations treated as unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act. State attorneys general may bring parens patriae civil actions on behalf of state residents. The Attorney General may bring civil actions to enforce the discrimination and safety provisions. Private right of action for individuals alleging violations of the public accommodations, equal opportunity, or voting rights provisions.

Private Right of Action

may bring parens patriae civil actions on behalf of state residents.

Penalties

Private plaintiffs may recover the greater of $2,500 or actual damages, plus punitive damages, reasonable attorney's fees and litigation costs, and injunctive or declaratory relief. DOJ civil actions may obtain injunctive relief, declaratory relief, damages, civil penalties, restitution, and other appropriate relief. State AG actions may obtain injunctive relief, damages, civil penalties, restitution, or other compensation. FTC enforcement carries penalties under the FTC Act.

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 Justice and Online Platform Transparency Act''.

Establishes the short title of the Act as the Algorithmic Justice and Online Platform Transparency Act.

Sec. 2

Findings

(1)–(10) Congress finds the following: (1) Online platforms have become integral to individuals' full participation in economic, democratic, and societal processes. (2) Online platforms employ manipulative dark patterns, collect large amounts of personal information from their users, and leverage that personal information for opaque algorithmic processes in ways that create vastly different experiences for different types of users. (3) Algorithmic processes are often used by online platforms without adequate testing and in the absence of critical transparency requirements and other legally enforceable safety and efficacy standards, which has resulted in discrimination in housing, lending, job advertising, and other areas of opportunity. (4) The use of discriminatory algorithmic processes causes disproportionate harm to populations that already experience marginalization. (5) Online platforms constantly engage in content moderation decision making, resulting in highly influential outcomes regarding what content is visible and accessible to users. (6) Online platforms' content moderation practices have disproportionately significant repercussions for members of marginalized communities, who have historically been the target of nefarious online activity, including disinformation campaigns. (7) Users of online platforms should have access to understandable information about how online platforms moderate content and use algorithmic processes to amplify or recommend content. (8) Users of online platforms should be able to easily move their data to alternative online platforms, and the importance of this right is particularly significant given certain online platforms' use of harmful algorithmic processes and engagement in ineffective content moderation. (9) In a variety of sectors, algorithmic processes also facilitate discriminatory outcomes on online platforms that individuals may not personally interact with, but which nonetheless process the personal information of such individuals and have significant, negative consequences. (10) The people of the United States would benefit from the convening of experts from a diverse set of governmental positions to collectively study and report on discriminatory algorithmic processes across the United States' economy and society, with particular attention to intersections of harm.

Congressional findings establishing the legislative rationale for the Act, including concerns about manipulative dark patterns, opaque algorithmic processes causing discrimination in housing, lending, and employment, disproportionate harm to marginalized populations, and the need for transparency in content moderation and algorithmic recommendation systems.

Sec. 3

Definitions

(1)–(13) In this Act: (1) ALGORITHMIC PROCESS.—The term ''algorithmic process'' means a computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided, recommended to, or withheld from a user of an online platform, including the provision of commercial content, the display of social media posts, or any other method of automated decision making, content selection, or content amplification. (2) BIOMETRIC INFORMATION.—[definition]. (3) COMMISSION.—The term ''Commission'' means the Federal Trade Commission. (4) CONTENT MODERATION.—[definition]. (5) DE-IDENTIFIED.—[definition]. (6) DEMOGRAPHIC INFORMATION.—[definition]. (7) GROUP.—[definition]. (8) NON-PRECISE GEOLOCATION INFORMATION.—[definition]. (9) ONLINE PLATFORM.—[definition]. (10) PERSONAL INFORMATION.—[definition]. (11) PLACE OF PUBLIC ACCOMMODATION.—[definition]. (12) SMALL BUSINESS.—[definition]. (13) USER GENERATED CONTENT.—[definition].

Defines key terms used throughout the Act, including algorithmic process, online platform, personal information, demographic information, content moderation, place of public accommodation, and small business. The definition of online platform is broad, covering any commercial public-facing website, service, or application providing a community forum for user-generated content. The small business exemption applies to entities under $25M in revenue, processing fewer than 100K individuals' data, deriving 50% or less of revenue from data transfers, and employing fewer than 50 workers.

Sec. 4(a)

Transparency — Notice and Review of Algorithmic Process

Deployer

(a)(1)(A)–(C) 1 Beginning 1 year after the date of enactment of this Act, any online platform that employs, operates, or otherwise utilizes an algorithmic process to withhold, amplify, recommend, or promote content (including a group) to a user of the online platform shall comply with the following requirements: (1) REQUIRED NOTICE.— (A) IN GENERAL.—With respect to each type of algorithmic process utilized by an online platform, such online platform shall disclose the following information to users of the online platform in conspicuous, accessible, and plain language that is not misleading: (i) The categories of personal information the online platform collects or creates for purposes of the type of algorithmic process. (ii) The manner in which the online platform collects or creates such personal information. (iii) How the online platform uses such personal information in the type of algorithmic process. (iv) The method by which the type of algorithmic process prioritizes, assigns weight to, or ranks different categories of personal information to withhold, amplify, recommend, or promote content (including a group) to a user. (B) LANGUAGE OF REQUIRED NOTICE.—Such online platform shall make available the notice described in subparagraph (A) in each language in which the online platform provides services. (C) RULEMAKING.—The Commission shall conduct a rulemaking to identify each type of algorithmic process for which an online platform is required to disclose the information described in subparagraph (A).

(a)(2)(A)–(C) 2 REVIEW OF ALGORITHMIC PROCESS.— (A) RECORD OF ALGORITHMIC PROCESS.—Subject to subparagraph (B), such online platform shall, for 5 years, retain a record that describes— (i) the categories of personal information used by the type of algorithmic process; (ii) the method by which the type of algorithmic process weighs or ranks certain categories of personal information; (iii) the method by which the online platform develops its type of algorithmic process, including— (I) a description of any personal information or other data used in such development; (II) an explanation of any personal information or other data used to train the type of algorithmic process on an ongoing basis; and (III) a description of how the type of algorithmic process was tested for accuracy, fairness, bias, and discrimination; and (iv) if the online platform (except for a small business) utilizes an algorithmic process that relates to opportunities for housing, education, employment, insurance, credit, or the access to or terms of use of any place of public accommodations, an assessment of whether the type of algorithmic process produces disparate outcomes on the basis of an individual's or class of individuals' actual or perceived race, color, ethnicity, sex, religion, national origin, gender, gender identity, sexual orientation, familial status, biometric information, or disability status. (B) ADDITIONAL REQUIREMENTS.— (i) REQUIREMENT TO DE-IDENTIFY PERSONAL INFORMATION.—The record described in subparagraph (A) shall not include any personal information other than de-identified personal information. (ii) EXTENSION OF RECORD RETENTION.—An online platform shall retain the record described in subparagraph (A) for up to an additional 3 years if the Commission determines that the online platform poses a reasonable risk of engaging in repeated violations of this Act or of unlawful discrimination as a result of its use of an algorithmic process. (C) REVIEW OF RECORD.—Upon the request of the Commission, an online platform shall make available to the Commission the complete record described in subparagraph (A).

Imposes two core transparency obligations on online platforms that use algorithmic processes to withhold, amplify, recommend, or promote content: a user-facing disclosure obligation and a record-retention and regulatory-review obligation. The disclosure duty requires platforms to inform users, in plain language and in all supported languages, of the categories of personal information collected, how they are collected and used, and the method by which the algorithmic process prioritizes data to shape content. The FTC must conduct rulemaking to specify which types of algorithmic processes trigger this disclosure. The record-retention duty requires platforms to maintain detailed records of each algorithmic process for five years — including a disparate-impact assessment for platforms that are not small businesses — and produce them to the FTC on request. Records must be de-identified and may be extended to eight years if the FTC identifies a risk of repeated violations.

Compliance actions 2 items

Online platforms must disclose to users, in conspicuous, accessible, and plain language available in all supported languages, the categories of personal information collected for each algorithmic process, the collection method, how the information is used, and the method by which the algorithm prioritizes or ranks data to recommend or withhold content.

G-02.1

Online platforms must retain for five years (extendable to eight) a de-identified record describing each algorithmic process, including personal information categories used, weighting methods, development data, training data, and testing for accuracy, fairness, bias, and discrimination. Non-small-business platforms using algorithms related to housing, education, employment, insurance, credit, or public accommodations must include a disparate-impact assessment across protected characteristics. Records must be produced to the FTC upon request.

G-01.3

Sec. 4(b)

Transparency — Notice of Content Moderation Practices

Deployer

(b)(1)(A)–(B) 3 NOTICE OF CONTENT MODERATION PRACTICES.— (1) NOTICE.— (A) IN GENERAL.—Beginning 1 year after the date of enactment of this Act, any online platform shall disclose to users of the online platform in conspicuous, accessible, and plain language that is not misleading a complete description of the online platform's content moderation practices, including a description of any type of automated content moderation practices and content moderation practices that employ human labor. (B) LANGUAGE OF REQUIRED NOTICE.—Such online platform shall make available the notice described in subparagraph (A) in each language in which the online platform provides services.

(b)(2)(A)–(B) 4 CONTENT MODERATION TRANSPARENCY REPORTS.— (A) IN GENERAL.—Beginning 180 days after the date of enactment of this Act, any online platform (except for a small business) that engages in content moderation shall publish, not less than annually, a transparency report of their content moderation practices. (B) REQUIREMENTS.— (i) IN GENERAL.—The transparency report required under subparagraph (A) shall include, if applicable: (I) The total number of content moderation decisions for the applicable period. (II) The number of content moderation decisions for the applicable period broken down by: (aa) Relevant policy, type, or category of content moderation undertaken by the online platform. (bb) Whether the content moderation decision occurred in response to information regarding organized campaigns or other coordinated behavior. (cc) Aggregate demographic information of users who created the user generated content subjected to content moderation. (dd) Aggregate demographic information of users targeted by an algorithmic process involving content subjected to content moderation. (ee) Whether the content moderation occurred through automated practices, human labor by the online platform, labor by any individual that does not work as a paid employee of the online platform, or any combination thereof. (ff) In the case of content moderation that occurred through human labor by any individual that does not work for the online platform, the nature of such individual's relationship to the online platform (such as a user, moderator, State actor, or representative of an external partner organization). (gg) The number and percentage of content moderation decisions subject to appeal or other form of secondary review. (hh) The number and percentage of content moderation decisions reversed on appeal or other form of secondary review. (ii) The number of content moderation decisions occurring in response to a government demand or request. (jj) The number of government demands or requests for content moderation broken down by Federal agency, State, municipality, or foreign nation. (kk) The types of content moderation decisions made. (ll) Other information that the Commission, by regulation, deems appropriate. (III) The ability to cross-reference each of the different types of information disclosed pursuant to subclause (II). (ii) ACCESSIBILITY OF REPORT.—The transparency report required under subparagraph (A) shall be— (I) publicly available to any individual without such individual being required to create a user account; (II) conspicuous; (III) accessible; (IV) not misleading; and (V) available in each language in which the online platform provides services. (iii) ACCESSIBILITY OF REPORT DATA.—The online platform shall— (I) provide any data in the transparency report required under subparagraph (A) in a machine-readable format; and (II) allow anyone to freely copy and use such data.

(b)(3) RULE OF CONSTRUCTION.—Nothing in this subsection shall require an online platform to collect personal information that the online platform would not otherwise collect.

Requires all online platforms to disclose their content moderation practices to users in plain language, including descriptions of automated and human-labor-based moderation. Non-small-business platforms must additionally publish annual content moderation transparency reports with extensive breakdowns: total moderation decisions, breakdowns by policy category, coordinated behavior responses, aggregate demographic data of affected users, moderation method (automated vs. human vs. external), appeal statistics, reversal rates, government requests, and decision types. Reports must be publicly accessible without requiring account creation, available in all supported languages, and provided in machine-readable format with freely copyable data.

Compliance actions 2 items

Online platforms must disclose to users in conspicuous, accessible, and plain language a complete description of content moderation practices, including automated and human-labor-based practices, available in all supported languages.

G-02.1

Non-small-business online platforms that engage in content moderation must publish at least annually a publicly accessible transparency report containing total content moderation decisions, breakdowns by policy category, coordinated-behavior responses, aggregate demographics, moderation method, appeal and reversal rates, government requests, and decision types. Reports must be available without account creation, in all supported languages, and in machine-readable format with freely copyable data.

R-03.1

Sec. 4(c)

Transparency — Advertisement Library

Deployer

(c)(1)–(6) 5 ADVERTISEMENT LIBRARY.—Beginning 180 days after the date of enactment of this Act, any online platform (except for a small business) that uses personal information in combination with an algorithmic process to sell or publish an advertisement shall take all reasonable steps to maintain a library of such advertisements. The library shall— (1) be— (A) publicly available to any individual without such individual being required to create a user account; (B) conspicuous; (C) accessible; (D) not misleading; and (E) available in each language in which the online platform provides services; (2) present information in both human- and machine-readable formats; (3) allow any individual to freely copy and use the information contained in the library; (4) at a minimum, be searchable by date, location, topic, cost, advertiser, keyword, information disclosed pursuant to paragraph (6), or any other criteria that the Commission, by regulation, deems appropriate; (5) contain copies of all advertisements sold or published by the online platform for 2 years following the sale or publishing of each advertisement; and (6) for each advertisement entry, include— (A) the content of the advertisement; (B) all targeting criteria selected by the advertiser, including demographic information and non-precise geolocation information (except in the event that including a specific criterion would disclose personal information); (C) any data the online platform provided to the advertiser regarding to whom it sold or published the advertisement, including demographic information and non-precise geolocation information (except in the event that including specific data would disclose personal information); and (D) the name of the advertiser, the cost of the advertisement, the dates the advertisement was displayed on the online platform, and any other information that the Commission, by regulation, deems appropriate.

Requires non-small-business online platforms that use personal information combined with algorithmic processes to sell or publish advertisements to maintain a public advertisement library. The library must be publicly accessible without account creation, searchable by date, location, topic, cost, advertiser, and keyword, contain copies of all ads for two years, and disclose for each ad its content, targeting criteria (demographic and non-precise geolocation), data provided to the advertiser about ad recipients, advertiser name, cost, and display dates. Data must be in human- and machine-readable formats and freely copyable.

Compliance actions 1 item

Non-small-business online platforms using personal information with algorithmic processes to sell or publish advertisements must maintain a publicly accessible, searchable advertisement library containing copies of all ads for two years, including content, targeting criteria, demographic data provided to advertisers, advertiser name, cost, and display dates, in human- and machine-readable formats.

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Sec. 4(d)

Transparency — Certification

Deployer

(d)(1)–(3) 6 CERTIFICATION.—Not later than 30 days after making any disclosure required by subsection (a)(1), (b), or (c), and annually thereafter, an online platform shall certify the accuracy and completeness of such disclosure. Such certification shall— (1) be signed, under oath, by the online platform's chief executive officer, chief privacy officer, chief operating officer, chief information security officer, or another senior officer of equivalent stature; (2) attest that the officer described in paragraph (1) has personal knowledge sufficient to make such certification; and (3) in addition to any annual certification, be issued with any material change (which shall not include routine additions to or maintenance of entries in the advertising library pursuant to subsection (c)).

Requires online platforms to certify the accuracy and completeness of all disclosures made under the algorithmic process notice, content moderation notice, and advertisement library requirements. Certification must be signed under oath by a named senior officer (CEO, CPO, COO, CISO, or equivalent), must attest to the officer's personal knowledge, and must be issued within 30 days of disclosure, annually thereafter, and upon any material change.

Compliance actions 1 item

Online platforms must certify under oath, through a senior officer with personal knowledge, the accuracy and completeness of all algorithmic process, content moderation, and advertisement library disclosures within 30 days of publication, annually thereafter, and upon any material change.

R-02.4

Sec. 5

Right to Data Portability

Deployer

7 In promulgating regulations under this Act, the Commission shall require an online platform, if the online platform retains the personal information of a user, to provide to the user access to the personal information retained in the form of a portable electronic table that— (1) is in a usable and searchable format; and (2) allows the user to transfer such personal information from one online platform to another without hindrance.

Directs the FTC to promulgate regulations requiring online platforms that retain user personal information to provide users with access to that information in a portable, usable, searchable electronic format that enables transfer to another platform without hindrance. This is a data portability right, not an AI-specific obligation, but it operates within the algorithmic context of the bill.

Compliance actions 1 item

Online platforms retaining user personal information must provide users with access to their data in a usable, searchable, portable electronic format that allows transfer to another platform without hindrance.

D-01

Sec. 6(a)

Prohibited Conduct — Public Accommodations

Deployer

(a) 8 PUBLIC ACCOMMODATIONS.—It shall be unlawful for an online platform to employ any proprietary online platform design features, including an algorithmic process, or otherwise process the personal information of an individual in a manner that segregates, discriminates in, or otherwise makes unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation on the basis of an individual's or class of individuals' actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status.

Prohibits online platforms from using proprietary design features, including algorithmic processes, or otherwise processing personal information in a manner that segregates, discriminates in, or makes unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation on the basis of actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status.

Compliance actions 1 item

Online platforms must not employ algorithmic processes or otherwise process personal information in a manner that segregates, discriminates in, or makes unavailable the goods, services, or accommodations of any place of public accommodation on the basis of protected characteristics including race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status.

H-02

Sec. 6(b)

Prohibited Conduct — Equal Opportunity

Deployer

(b) 9 EQUAL OPPORTUNITY.—It shall be unlawful for an online platform to employ any proprietary online platform design features, including an algorithmic process, or otherwise process the personal information of an individual for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for housing, employment, credit, insurance, healthcare, or education opportunities in a manner that discriminates against or otherwise makes the opportunity unavailable on the basis of an individual's or class of individuals' actual or perceived race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status.

Prohibits online platforms from using proprietary design features, including algorithmic processes, or processing personal information for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or commercially contracting for housing, employment, credit, insurance, healthcare, or education opportunities in a manner that discriminates on the basis of protected characteristics.

Compliance actions 1 item

Online platforms must not use algorithmic processes or process personal information for advertising, marketing, or offering housing, employment, credit, insurance, healthcare, or education opportunities in a manner that discriminates or makes opportunities unavailable based on protected characteristics including race, color, ethnicity, religion, national origin, sex, gender, gender identity, sexual orientation, familial status, biometric information, or disability status.

D-01.5

Sec. 6(c)

Prohibited Conduct — Voting Rights

Deployer

(c)(1)–(2) 10 VOTING RIGHTS.—It shall be unlawful for an online platform to process personal information in a manner that intentionally deprives, defrauds, or attempts to deprive or defraud any individual of their free and fair exercise of the right to vote in a Federal, State, or local election. Such manner includes: (1) Intentional deception regarding— (A) the time, place, or method of voting or registering to vote; (B) the eligibility requirements to vote or register to vote; (C) the counting of ballots; (D) the adjudication of elections; (E) explicit endorsements by any person or candidate; or (F) any other material information pertaining to the procedures or requirements for voting or registering to vote in a Federal, State, or local election. (2) Intentionally using deception, threats, intimidation, fraud, or coercion to prevent, interfere with, retaliate against, deter, or attempt to prevent, interfere with, retaliate against, or deter an individual from— (A) voting or registering to vote in a Federal, State, or local election; or (B) supporting or advocating for a candidate in a Federal, State, or local election.

Prohibits online platforms from processing personal information in a manner that intentionally deprives or defrauds individuals of their right to vote. Covers intentional deception about voting logistics (time, place, method, eligibility, ballot counting, election adjudication, endorsements, and other material information), as well as intentional use of deception, threats, intimidation, fraud, or coercion to prevent or deter voting, voter registration, or candidate advocacy.

Compliance actions 1 item

Online platforms must not process personal information in a manner that intentionally deprives or defrauds any individual of their right to vote, including through intentional deception about voting time, place, method, eligibility, ballot counting, endorsements, or other material election information, or through deception, threats, intimidation, fraud, or coercion to prevent voting, registration, or candidate advocacy.

CP-01

Sec. 6(d)

Prohibited Conduct — Discriminatory Advertising

(d)(1)–(3) 11 DISCRIMINATORY ADVERTISING.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations to define and prohibit unfair or deceptive acts or practices with respect to advertising practices. (2) PERIODIC REVIEW OF REGULATIONS.—The Commission shall review such regulations not less than once every 5 years and update the regulations as appropriate. (3) CONSIDERATIONS.—In promulgating regulations under this subsection, the Commission shall consider: (A) Established public policy, such as civil rights laws, to prevent discrimination and promote equal opportunity. (B) The state of the art of advertising. (C) Research of and methodologies for measuring discrimination in advertising. (D) The role of each actor in the advertising ecosystem. (E) Any harm caused by predatory or manipulative advertising practices, including practices targeting vulnerable populations. (F) Whether, and at what age, a minor is able to distinguish between editorial content and paid advertisements. (G) Methods for fairly promoting equal opportunity in housing, employment, credit, insurance, education, and healthcare through targeted outreach to underrepresented populations in a fair and non-deceptive manner. (H) The needs of small businesses. (I) Any other criteria the Commission deems appropriate.

Directs the FTC to promulgate regulations within two years defining and prohibiting unfair or deceptive acts or practices in advertising, with review at least every five years. The FTC must consider civil rights law, advertising state of the art, discrimination measurement methodologies, each actor's role in the ad ecosystem, harms from predatory or manipulative advertising targeting vulnerable populations, minors' ability to distinguish ads from editorial content, methods for fairly promoting equal opportunity through targeted outreach to underrepresented populations, and small business needs.

Sec. 6(e)

Prohibited Conduct — Safety and Effectiveness of Algorithmic Processes

Deployer

(e)(1)–(3) 12 SAFETY AND EFFECTIVENESS OF ALGORITHMIC PROCESSES.— (1) IN GENERAL.—It shall be unlawful for an online platform to employ an algorithmic process in a manner that is not safe and effective. (2) SAFE.—For purposes of paragraph (1), an algorithmic process is safe— (A) if the algorithmic process does not produce any disparate outcome as described in the assessment conducted under section 4(a)(2)(A)(iv); or (B) if the algorithmic process does produce a disparate outcome as described in the assessment conducted under section 4(a)(2)(A)(iv), any such disparate outcome is justified by a non-discriminatory, compelling interest, and such interest cannot be satisfied by less discriminatory means. (3) EFFECTIVE.—For purposes of paragraph (1), an algorithmic process is effective if the online platform employing or otherwise utilizing the algorithmic process has taken reasonable steps to ensure that the algorithmic process has the ability to produce its desired or intended result.

Makes it unlawful for online platforms to employ algorithmic processes that are not both safe and effective. An algorithmic process is safe if it produces no disparate outcomes per the assessment required under section 4(a)(2)(A)(iv), or if any disparate outcome is justified by a non-discriminatory compelling interest that cannot be satisfied by less discriminatory means. An algorithmic process is effective if the platform has taken reasonable steps to ensure it produces its desired or intended result. This effectively imposes a disparate-impact standard with a strict-scrutiny-like justification defense on all algorithmic processes used for housing, education, employment, insurance, credit, and public accommodations.

Compliance actions 1 item

Online platforms must not employ algorithmic processes that are not safe and effective. An algorithmic process is safe only if it produces no disparate outcomes across protected characteristics, or any disparate outcome is justified by a non-discriminatory compelling interest not satisfiable by less discriminatory means. An algorithmic process is effective only if the platform has taken reasonable steps to ensure it produces its intended result.

H-02.1

Sec. 6(f)

Prohibited Conduct — Discrimination by Users of Online Platforms

Deployer

(f)(1)–(3) 13 DISCRIMINATION BY USERS OF ONLINE PLATFORMS.—It shall be unlawful for a user of an online platform to utilize an algorithmic process on an online platform in a manner that— (1) withholds, denies, deprives, or attempts to withhold, deny, or deprive any individual of a right or privilege under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); (2) intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce any individual with the purpose of interfering with a right or privilege under title II of such Act; or (3) punishes or attempts to punish any individual for exercising or attempting to exercise a right or privilege under title II of such Act.

Extends the anti-discrimination prohibitions to users of online platforms who utilize algorithmic processes in a manner that withholds, denies, or deprives individuals of rights under Title II of the Civil Rights Act, or that intimidates, threatens, or coerces individuals to interfere with Title II rights, or that punishes individuals for exercising Title II rights.

Compliance actions 1 item

Users of online platforms must not utilize algorithmic processes to withhold, deny, or deprive individuals of Civil Rights Act Title II rights, or to intimidate, threaten, or coerce individuals to interfere with such rights, or to punish individuals for exercising such rights.

H-02.11

Sec. 6(g)–(i)

Prohibited Conduct — Exceptions, Advisory Opinions, and Protections

Deployer

(g)(1)–(2) EXCEPTIONS.—Nothing in this section shall limit an online platform from processing personal information for the purpose of— (1) good faith internal testing to prevent unlawful discrimination, identify disparate outcomes or treatment, or otherwise determine the extent or effectiveness of the online platform's compliance with this Act; or (2) advertising, marketing, or soliciting economic opportunities (which shall not be of lower quality or contain less desirable terms than similar opportunities the online platform advertises, markets, or solicits to the general population) to underrepresented populations in a fair and non-deceptive manner.

(h) FTC ADVISORY OPINIONS.—An online platform may request guidance from the Commission with respect to the online platform's potential compliance with this Act, in accordance with the Commission's rules of practice on advisory opinions.

(i)(1) 14 NO CONDITIONAL SERVICE.—An online platform may not condition or degrade the provision of a service or product to an individual based on the individual's waiver of any right guaranteed in this section.

(i)(2) NO ARBITRATION AGREEMENT OR WAIVER.—No pre-dispute arbitration agreement or pre-dispute joint action waiver of any right guaranteed in this section shall be valid or enforceable with respect to a dispute arising under this Act. Any determination as to the scope or manner of applicability of this section shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator.

(i)(3) 15 WHISTLEBLOWER PROTECTION.—An online platform may not, directly or indirectly, discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an individual for reporting or attempting to report a violation of this section.

(i)(4) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect the application of section 230 of the Communications Act of 1934 (commonly known as ''section 230 of the Communications Decency Act of 1996'') (47 U.S.C. 230) to an online platform or otherwise impose on an online platform legal liability for user generated content.

Contains three protective provisions. The exceptions subsection permits platforms to process personal information for good-faith internal testing to prevent discrimination and for fair, non-deceptive targeted advertising to underrepresented populations. The advisory opinions subsection allows platforms to request FTC guidance on compliance. The preservation-of-rights subsection prohibits platforms from conditioning service on rights waivers, voids pre-dispute arbitration agreements and joint action waivers for disputes under this section, protects whistleblowers from retaliation for reporting violations, and preserves Section 230 of the Communications Act.

Compliance actions 2 items

Onlineplatforms must not condition or degrade the provision of a service or product to an individual based on the individual's waiver of any right guaranteed under the prohibited conduct provisions.

CP-01.3

Online platforms must not directly or indirectly discharge, demote, suspend, threaten, harass, or otherwise discriminate against any individual for reporting or attempting to report a violation of the prohibited conduct provisions.

G-03.3

Sec. 7

Interagency Task Force on Algorithmic Processes on Online Platforms

(a)–(d) ESTABLISHMENT.—The Commission shall establish an interagency task force on algorithmic processes on online platforms (referred to in this section as the ''Task Force'') for the purpose of examining the discriminatory use of personal information by online platforms in algorithmic processes. (b) MEMBERSHIP.— (1) IN GENERAL.—The Task Force established under this section shall include representatives from— (A) the Commission; (B) the Department of Education; (C) the Department of Justice; (D) the Department of Labor; (E) the Department of Housing and Urban Development; (F) the Department of Commerce; (G) the Department of Health and Human Services; (H) the Department of Veterans Affairs; (I) the Equal Employment Opportunity Commission; (J) the Consumer Financial Protection Bureau; (K) the Federal Communications Commission; (L) the Federal Elections Commission; and (M) the White House Office of Science and Technology Policy. (2) CHAIR.—The Task Force shall be co-chaired by 1 representative of the Commission and 1 representative of the Department of Justice. (3) STAFF.—The Task Force shall hire such other personnel, including individuals with expertise in the intersection of civil rights and technology, as may be appropriate to enable the Task Force to perform its duties. (c) STUDY AND REPORT.— (1) STUDY.—The Task Force shall conduct a study on the discriminatory use of personal information by online platforms in algorithmic processes. Such study shall include the following: (A) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) housing opportunities. (B) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) credit, lending, or other financial services opportunities. (C) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) employment opportunities. (D) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) education opportunities. (E) Discriminatory use of personal information in the advertisement of (including the withholding of an advertisement) insurance opportunities. (F) Discriminatory use of personal information or biometric information by employers in the surveillance or monitoring of workers. (G) Discriminatory use of personal information on online platforms involved in hiring screening practices. (H) Discriminatory use of personal information or biometric information in education, including the use of— (i) student personal information for predictive forecasting on student ability or potential for purposes of admissions decisions; and (ii) automated proctoring software that monitors, analyzes, or otherwise processes student biometric information to identify suspicious behavior, including any discriminatory outcomes associated with the use of such software. (I) Discriminatory use of user biometric information. (J) Use of personal information by disinformation campaigns for the purpose of political disenfranchisement. (K) Any other discriminatory use of personal information. (2) REPORT.—Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Task Force shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Task Force determines appropriate. (d) FUNDING.—Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Commission such sums as are necessary to carry out this section. Amounts appropriated under the preceding sentence shall remain available until expended.

Directs the FTC to establish an interagency task force comprising representatives from thirteen federal agencies to study discriminatory uses of personal information in algorithmic processes. The study must cover discriminatory advertising in housing, credit, employment, education, and insurance; biometric surveillance of workers; hiring screening; automated proctoring software; biometric information use; disinformation campaigns for political disenfranchisement; and other discriminatory uses. The task force must report to Congress within 180 days and biennially thereafter with recommendations for legislation and administrative action. This is a governmental study mandate, not a compliance obligation on covered entities.

Sec. 8(a)

Enforcement — Enforcement by the Commission

(a)(1)–(3) ENFORCEMENT BY THE COMMISSION.— (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICE.—A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF THE COMMISSION.— (A) IN GENERAL.—The 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 section. (B) PRIVILEGES AND IMMUNITIES.—Any person who violates this Act or a regulation promulgated under 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.). (C) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (3) RULEMAKING.—The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.

Establishes FTC enforcement authority. Violations of the Act are treated as violations of a rule defining unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act. The FTC enforces the Act with the same jurisdiction, powers, duties, penalties, and immunities as under the FTC Act. The FTC is directed to promulgate implementing rules under APA notice-and-comment procedures.

Sec. 8(b)

Enforcement — Enforcement by States

(b)(1)–(5) ENFORCEMENT BY STATES.— (1) AUTHORIZATION.—Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is adversely affected by the engagement of any person in an act or practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin that act or practice; (B) enforce compliance with this Act or the regulation; (C) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) RIGHTS OF THE COMMISSION.— (A) NOTICE TO THE COMMISSION.— (i) IN GENERAL.—Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) CONTENTS.—The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) EXCEPTION.—If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) INTERVENTION BY THE COMMISSION.—The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) INVESTIGATORY POWERS.—Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) ACTION BY THE COMMISSION.—If the Commission institutes a civil action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) VENUE; SERVICE OF PROCESS.— (A) VENUE.—Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) SERVICE OF PROCESS.—In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found.

Authorizes state attorneys general to bring parens patriae civil actions in federal court on behalf of state residents to enjoin violations, enforce compliance, and obtain damages, civil penalties, restitution, or other compensation. State AGs must notify the FTC before filing (or immediately upon filing if pre-notice is not feasible). The FTC may intervene. State AG actions are stayed during the pendency of an FTC action against the same defendant for the same violation. State investigatory powers are preserved.

Sec. 8(c)

Enforcement — Enforcement by the Department of Justice

(c)(1)–(3) ENFORCEMENT BY THE DEPARTMENT OF JUSTICE.— (1) IN GENERAL.—The Attorney General may bring a civil action to enforce section 6(a), (b), (c), (e), (f), or (i) in an appropriate district court of the United States. (2) COORDINATION WITH THE COMMISSION.—The Attorney General shall, when reasonable and appropriate, consult and coordinate with the Commission on a civil action brought under paragraph (1). (3) RELIEF.—In any civil action brought under paragraph (1), the court may impose injunctive relief, declaratory relief, damages, civil penalties, restitution, and any other relief the court deems appropriate.

Authorizes the Attorney General to bring civil actions in federal court to enforce the public accommodations, equal opportunity, voting rights, safety and effectiveness, user discrimination, and rights preservation provisions. The AG must coordinate with the FTC. Courts may impose injunctive relief, declaratory relief, damages, civil penalties, restitution, and other appropriate relief.

Sec. 8(d)

Enforcement — Enforcement by Individuals

(d)(1)–(2) ENFORCEMENT BY INDIVIDUALS.— (1) IN GENERAL.—Any individual alleging a violation of section 6(a), (b), or (c), or a regulation promulgated thereunder, may bring a civil action in any court of competent jurisdiction, State or Federal. (2) RELIEF.—In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award— (A) an amount equal to $2,500 or actual damages, whichever is greater; (B) punitive damages; (C) reasonable attorney's fees and litigation costs; and (D) any other relief, including injunctive or declaratory relief, that the court determines appropriate.

Creates a private right of action for individuals alleging violations of the public accommodations, equal opportunity, or voting rights provisions (Section 6(a), (b), or (c)) or regulations thereunder. Prevailing plaintiffs may recover the greater of $2,500 or actual damages, punitive damages, reasonable attorney's fees and litigation costs, and any other appropriate relief including injunctive or declaratory relief. Actions may be brought in any court of competent jurisdiction, state or federal.

Data Controls Data sale restrictions · deidentification

2 items

D-01

D-01.5

Deceptive Conduct AI-generated likeness · consent requirements

2 items

CP-01

CP-01.3

Onlineplatforms must not condition or degrade the provision of a service or product to an individual based on the individual's waiver of any right guaranteed under the prohibited conduct provisions.

Human Oversight Decision review · appeal pathways

3 items

H-02