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.
(1)(A) 1 A provider of a social media platformProvider of a social media platformA provider of a social media platform shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithm on the social media platform...47 U.S.C. § 230(f)(1)(A) shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithmRecommendation-based algorithmThe term 'recommendation-based algorithm' means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.47 U.S.C. § 230(f)(6)(A) on the social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) to prevent bodily injury or death described in subparagraph (B) that a reasonable and prudent person would agree was— (i) reasonably foreseeable by the provider; and (ii) attributable, in whole or in part, to the design characteristics or performance of the recommendation-based algorithmRecommendation-based algorithmThe term 'recommendation-based algorithm' means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.47 U.S.C. § 230(f)(6)(A).
(1)(B) 1 Bodily injury or death described in this subparagraph, with respect to a social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B), is bodily injury to or the death of a user of the social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B), or bodily injury or death inflicted by a user of the social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) upon another person, that arises from the operation of the recommendation-based algorithmRecommendation-based algorithmThe term 'recommendation-based algorithm' means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.47 U.S.C. § 230(f)(6)(A).
(1)(C) 1 IN GENERAL.—Subparagraph (A) shall not apply to the ranking, ordering, promotion, recommendation, amplification, or similar curation of content that is effectuated— (I) by sorting information chronologically or reverse chronologically; or (II) to respond to an individual search for content on the social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) initiated by a user. (ii) EXCEPTION LIMITED TO INITIAL SEARCH.—Nothing in clause (i)(II) shall be construed to limit the applicability of subparagraph (A) to a provider of a social media platformProvider of a social media platformA provider of a social media platform shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithm on the social media platform...47 U.S.C. § 230(f)(1)(A), with respect to the activities of a recommendation-based algorithmRecommendation-based algorithmThe term 'recommendation-based algorithm' means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.47 U.S.C. § 230(f)(6)(A), after a user of the social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) navigates beyond the initially populated search results.
(1)(D) Nothing in subparagraph (A) shall be construed to authorize the Commission to enforce that subparagraph based on the viewpoint of a user of a social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) or of an information content provider expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.
This section imposes the bill's central obligation: a duty of reasonable care on social media platform providers in the design, training, testing, deployment, operation, and maintenance of recommendation-based algorithms. The duty is limited to preventing bodily injury or death that was reasonably foreseeable by the provider and attributable, in whole or in part, to the algorithm's design characteristics or performance. The covered harm must involve injury to or death of a platform user, or injury or death inflicted by a platform user upon another person, arising from the algorithm's operation.
Chronological and reverse-chronological sorting is exempt, as are results from an individual user-initiated search — but only through the initially populated results. Once the user navigates beyond the initial search results, the duty reattaches to subsequent algorithmic activity. A First Amendment savings clause prohibits enforcement based on the viewpoint of a user or information content provider.
(2)(A) Subsection (c)(1) shall not apply to a provider of a social media platformProvider of a social media platformA provider of a social media platform shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithm on the social media platform...47 U.S.C. § 230(f)(1)(A) that violates paragraph (1)(A) of this subsection.
(2)(B) If a person suffers bodily injury or death as the result of a violation of paragraph (1)(A) by the provider of a social media platformProvider of a social media platformA provider of a social media platform shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithm on the social media platform...47 U.S.C. § 230(f)(1)(A), and the bodily injury or death meets the requirements under clauses (i) and (ii) of that paragraph and paragraph (1)(B), the person or, in the case of a minor or disabled person who suffers a bodily injury or any person who dies, the legal representative of such a person, may bring a civil action in a district court of the United States of competent jurisdiction against the provider for compensatory and punitive damages.
This section establishes two enforcement mechanisms. First, a provider that violates the duty of care loses Section 230(c)(1) immunity — meaning the platform can be treated as the publisher or speaker of third-party content for purposes of the underlying claim. Second, a private right of action permits any person who suffers bodily injury or death as a result of a violation to bring a civil action in federal district court for compensatory and punitive damages. Legal representatives may sue on behalf of minors, disabled persons, and decedents.
(3)(A)–(B) 2 IN GENERAL.—No predispute arbitration agreement or predispute joint-action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to a dispute arising under this subsection. (B) APPLICABILITY.—Any determination as to the scope or manner of applicability of subparagraph (A) shall be made by a court, rather than an arbitrator, without regard to whether an agreement described in that subparagraph purports to delegate such determination to an arbitrator.
This section voids predispute arbitration agreements and predispute joint-action waivers with respect to disputes arising under the new subsection. It further specifies that any determination about the scope or applicability of this prohibition must be made by a court rather than an arbitrator, regardless of contractual delegation clauses. This ensures that injured parties retain access to federal courts and class actions.
(4) Nothing in this subsection or any regulation promulgated thereunder shall be construed to prohibit or otherwise affect the enforcement of any Federal law or regulation or State law or regulation that is at least as protective of users of social media platformsSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B) as this subsection and the regulations promulgated thereunder.
This savings clause preserves the enforceability of any federal or state law or regulation that is at least as protective of users as this subsection. It ensures that the bill sets a floor rather than a ceiling for platform accountability.
(5) If any provision of this subsection or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this subsection and the application of the provision to any other person or circumstance shall not be affected.
Standard severability clause providing that if any provision is held unconstitutional, the remainder of the subsection survives.
(6)(A) The term 'recommendation-based algorithmRecommendation-based algorithmThe term 'recommendation-based algorithm' means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.47 U.S.C. § 230(f)(6)(A)' means, with respect to a user of a social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B), a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.
(6)(B) The term 'social media platformSocial media platformThe term 'social media platform'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.47 U.S.C. § 230(f)(6)(B)'— (i) means a for-profit interactive computer service that— (I) permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and (II) primarily serves as a service through which a user described in subclause (I) interacts with content; and (ii) does not include an interactive computer service— (I) that serves fewer than 1,000,000 registered users; (II) that is— (aa) an email program; (bb) an email distribution list; (cc) a wireless messaging service; or (dd) an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly; (III) that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity; (IV) that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or (V) that is an internet-based platform whose primary purpose is— (aa) to allow users to post product reviews, business reviews, or travel information and reviews; (bb) internet commerce, which may include providing a comment section; (cc) to allow users to stream music, audiobooks, or podcasts; or (dd) news or sports coverage.
This section defines the two key terms used throughout the new subsection: recommendation-based algorithm (a fully or partially automated system that curates content based on user personal data) and social media platform (a for-profit interactive computer service with 1,000,000+ registered users that allows account creation and content interaction, with extensive carve-outs for email, messaging, enterprise, teleconferencing, e-commerce, review, streaming, and news/sports services).
(b)(1)–(4) TRADEMARK ACT OF 1946.—Section 45 of the Act entitled ''An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (commonly known as the ''Trademark Act of 1946'') (15 U.S.C. 1127), is amended, in the definition relating to the term ''Internet'', by striking ''section 230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1))'' and inserting ''section 230 of the Communications Act of 1934 (47 U.S.C. 230)''. (2) TITLE 18, UNITED STATES CODE.—Section 2421A of title 18, United States Code, is amended— (A) inthe subsection (a), by striking ''(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))'' and inserting ''(as that term is defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230))''; and (B) in subsection (b), by striking ''(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))'' and inserting ''(as that term is defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230)''. (3) WEBB-KENYON ACT.—Section 3(b)(1) of the Act entitled ''An Act divesting intoxicating liquors of their interstate character in certain cases'', approved March 1, 1913 (commonly known as the ''Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)), is amended by striking ''(as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting ''(as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230))''. (4) TITLE 31, UNITED STATES CODE.—Section 5362(6) of title 31, United States Code, is amended by striking ''section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting ''section 230 of the Communications Act of 1934 (47 U.S.C. 230)''.
This section makes conforming amendments to four federal statutes — the Trademark Act of 1946 (15 U.S.C. § 1127), Title 18 (18 U.S.C. § 2421A), the Webb-Kenyon Act (27 U.S.C. § 122b(b)(1)), and Title 31 (31 U.S.C. § 5362(6)) — updating cross-references to Section 230's definitions to reflect the redesignation of subsection (f) as subsection (g).