Digital Services Oversight and Safety Act of 2022
This bill establishes the Bureau of Digital Services Oversight and Safety within the Federal Trade Commission to provide oversight for content moderation by online platforms (e.g., social media companies). Content moderation includes actions taken by a platform to detect and address user content that is illegal or incompatible with the platform's community standards.
Specifically, the commission and the bureau may conduct investigative studies concerning the dissemination of illegal content or goods through the platforms, discrimination of individuals by the platforms, and the risk of harm caused by the malfunction or intentional manipulation of the platforms. The bill also provides whistleblower protections for individuals who assist with federal investigations related to such platforms.
Further, platforms must include in their community standards the policies and procedures for content moderation, and they must publish transparency reports about the platform's content moderation.
Additionally, platforms with at least 10 million average monthly users must provide a complaint-handling system that allows users to appeal content moderation actions by the platform.
Platforms with at least 66 million average monthly users must conduct risk assessments and report on the measures taken to minimize the risk of the potential widespread dissemination of illegal content or content that violates the platform's community standards. The bill also provides for the regulation of automated content recommendations to users of these large platforms.
The bill provides for enforcement by the commission.
The bill also provides for various research activities related to online content moderation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6796 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6796
To provide for the establishment of the Bureau of Digital Services
Oversight and Safety within the Federal Trade Commission, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2022
Mrs. Trahan (for herself, Mr. Schiff, and Mr. Casten) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Education and Labor, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the establishment of the Bureau of Digital Services
Oversight and Safety within the Federal Trade Commission, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Digital Services
Oversight and Safety Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Bureau of Digital Services Oversight and Safety.
Sec. 4. Studies and investigations.
Sec. 5. Internal complaint-handling systems.
Sec. 6. Transparency regarding content moderation and related matters.
Sec. 7. Risk assessment and risk mitigation reporting.
Sec. 8. Guidance on best practices.
Sec. 9. Recommender systems.
Sec. 10. Independent research facilitation.
Sec. 11. Research fellowship program.
Sec. 12. Report and disclosure integrity.
Sec. 13. Enforcement by Federal Trade Commission.
Sec. 14. Authorization of appropriations.
Sec. 15. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertisement.--The term ``advertisement'' means
information that is--
(A) designed to promote the message of a person,
irrespective of whether to achieve commercial or non-
commercial purposes; and
(B) displayed by a provider of a covered platform
on the online interface of the platform for
remuneration specifically for promoting such
information.
(2) Advertiser.--The term ``advertiser'' means a person who
purchases advertising services.
(3) Advertising services.--The term ``advertising
services'' means tools, services, and interfaces provided by a
provider of a covered platform to place advertisements.
(4) Biometric information.--
(A) In general.--The term ``biometric information''
means any personal information generated from the
measurement or specific technological processing of an
individual's unique biological, physical, or
physiological characteristics.
(B) Inclusions.--The term ``biometric information''
includes measurements of fingerprints, voice prints,
iris scans, facial characteristics, identifying DNA
(deoxyribonucleic acid) information, or other unique
biological characteristics, including any mathematical
code or algorithmic model generated or extracted from
measurements of such characteristics.
(C) Exclusions.--The term ``biometric information''
does not include writing samples, written signatures,
photographs, demographic data, or physical descriptions
such as height, weight, hair color, or eye color.
(5) Bureau.--The term ``Bureau'' means the Bureau of
Digital Services Oversight and Safety established under section
3(a).
(6) Certified researcher.--The term ``certified
researcher'' means an individual certified under section 10(b).
(7) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(8) Community standards.--The term ``community standards''
means a policy adopted by a provider of a hosting service that
specifies, at a minimum, the user behavior and activities that
are permitted on the service and the user behavior and
activities that may subject a user or an item of content to a
content moderation action.
(9) Constitutional lawyer.--The term ``constitutional
lawyer'' means a lawyer with expertise regarding the
interpretation, implementation, and amendment of, and how to
protect rights guaranteed by, the Constitution of the United
States and State constitutions.
(10) Content moderation.--The term ``content moderation''
means the activities undertaken by a provider of a hosting
service aimed at detecting, identifying, and addressing content
provided by users of such service that is illegal content or
content that is incompatible with the terms and conditions or
community standards of such provider, including measures taken
that affect--
(A) the availability, visibility, and accessibility
of such content, such as demotion of, disabling of
access to, or removal of such content; or
(B) the users' ability to provide such content,
such as the termination or suspension of a user's
account.
(11) Covered platform.--
(A) In general.--The term ``covered platform''
means a hosting service--
(i) that disseminates to the public
information; and
(ii) to which a designation by the
Commission under subparagraph (B) applies.
(B) Designation.--
(i) In general.--The Commission shall
verify, at least every 2 years, whether the
number of average monthly active users in the
United States of each hosting service provided
by a provider described in paragraph (22) is
equal to or greater than the number described
in subparagraph (D). On the basis of the
verification, the Commission shall adopt a
decision designating the service as a covered
platform for the purposes of this Act (if the
number of average monthly active users of the
service in the United States is equal to or
greater than the number described in
subparagraph (D)), or terminating such
designation (if the number of average monthly
active users of the service in the United
States is less than the number described in
subparagraph (D) and a previous designation
under this subparagraph applies to the
service), and communicate such decision,
without undue delay, to the provider.
(ii) Applicability.--A designation under
this subparagraph shall apply, or cease to
apply, beginning on the date that is 4 months
after the publication of the designation on, or
the removal of the designation from, the list
under subparagraph (C).
(C) Publication of list of designated covered
platforms.--The Commission shall ensure that the list
of covered platforms designated under subparagraph (B)
is published on the website of the Commission and keep
such list updated.
(D) Number of average monthly active users
described.--The number of average monthly active users
described in this subparagraph is 10,000,000.
(E) Adjustment.--When the population of the United
States increases or decreases since the last adjustment
under this subparagraph (or, before the first
adjustment under this subparagraph is made, since the
date of the enactment of this Act) by 5 percent or
more, the Commission shall adjust the number described
in subparagraph (D) so that such number is equal to 3
percent of the United States population at the time of
the adjustment, rounded up or down to the nearest
million.
(F) Methodology.--Not later than 6 months after the
date of the enactment of this Act, the Commission shall
issue regulations under section 553 of title 5, United
States Code, to create a methodology for calculating
the number of average monthly active users of a hosting
service in the United States for purposes of this
paragraph and paragraph (18). The methodology shall
specify, in particular, how to determine the United
States population and criteria to determine the number
of average monthly active users of a hosting service in
the United States, taking into account different
accessibility features and business relationships.
(G) Exception.--The term ``covered platform'' does
not include a hosting service with respect to which the
dissemination to the public of information is merely a
minor and purely ancillary feature of another service,
if such feature cannot, for objective technical
reasons, be used without such other, principal service,
and the integration of such feature is not a means to
circumvent the applicability of this Act and the
regulations issued under this Act. Such an ancillary
feature may include a feature such as the comments
section in an online newspaper, where it is clear that
it is ancillary to the main service represented by the
publication of news under the editorial responsibility
of the publisher.
(12) Deidentify.--The term ``deidentify'' means, with
respect to information, to take an action so that the
information cannot reasonably be used to infer information
about, or otherwise be linked to, an individual, a household,
or a device used by an individual or a household.
(13) Disseminate to the public.--The term ``disseminate to
the public'' means, with respect to information provided by a
user of a covered platform, to make the information available,
at the request of the user, to a potentially unlimited number
of third parties.
(14) Hosting service.--The term ``hosting service'' means
an interactive computer service that--
(A) stores information provided by, and at the
request of, a user of the service; and
(B) at any point during the preceding 2 calendar
years, was owned or controlled by an entity with net
annual sales or a market capitalization greater than
$2,500,000, adjusted annually for inflation on the
basis of the Consumer Price Index.
(15) Illegal content.--The term ``illegal content'' means
any information, which, in itself or by its reference to an
activity, including the sale of products or provision of
services, is not in compliance with Federal law.
(16) Influencer marketing.--The term ``influencer
marketing'' means a practice by which a company compensates an
individual who is considered by the company to have the
potential to review, promote, or sell a product or service
online to an intended target audience.
(17) Interactive computer service.--The term ``interactive
computer service'' has the meaning given such term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
(18) Large covered platform.--
(A) In general.--The term ``large covered
platform'' means a hosting service--
(i) that disseminates to the public
information; and
(ii) to which a designation by the
Commission under subparagraph (B) applies.
(B) Designation.--
(i) In general.--The Commission shall
verify, at least every 2 years, whether the
number of average monthly active users in the
United States of each hosting service provided
by a provider described in paragraph (22) is
equal to or greater than the number described
in subparagraph (D). On the basis of the
verification, the Commission shall adopt a
decision designating the service as a large
covered platform for the purposes of this Act
(if the number of average monthly active users
of the service in the United States is equal to
or greater than the number described in
subparagraph (D)), or terminating such
designation (if the number of average monthly
active users of the service in the United
States is less than the number described in
subparagraph (D) and a previous designation
under this subparagraph applies to the
service), and communicate such decision,
without undue delay, to the provider.
(ii) Applicability.--A designation under
this subparagraph shall apply, or cease to
apply, beginning on the date that is 4 months
after the publication of the designation on, or
the removal of the designation from, the list
under subparagraph (C).
(C) Publication of list of designated large covered
platforms.--The Commission shall ensure that the list
of large covered platforms designated under
subparagraph (B) is published on the website of the
Commission and keep such list updated.
(D) Number of average monthly active users
described.--The number of average monthly active users
described in this subparagraph is 66,000,000.
(E) Adjustment.--When the population of the United
States increases or decreases since the last adjustment
under this subparagraph (or, before the first
adjustment under this subparagraph is made, since the
date of the enactment of this Act) by 5 percent or
more, the Commission shall adjust the number described
in subparagraph (D) so that such number is equal to 20
percent of the United States population at the time of
the adjustment, rounded up or down to the nearest
million.
(F) Exception.--The term ``large covered platform''
does not include a hosting service with respect to
which the dissemination to the public of information is
merely a minor and purely ancillary feature of another
service, if such feature cannot, for objective
technical reasons, be used without such other,
principal service, and the integration of such feature
is not a means to circumvent the applicability of this
Act and the regulations issued under this Act. Such an
ancillary feature may include a feature such as the
comments section in an online newspaper, where it is
clear that it is ancillary to the main service
represented by the publication of news under the
editorial responsibility of the publisher.
(19) Office.--The term ``Office'' means the Office of
Independent Research Facilitation established under section
10(a).
(20) Personal health information.--The term ``personal
health information'' includes personal information that--
(A) relates to the physical or mental health or
condition of an individual or the provision of health
care to an individual;
(B) is processed for the purpose or in the course
of providing health or wellness services; or
(C) is derived from the testing or examination of a
body part or bodily substance, including from genetic
data and biological samples.
(21) Precise geospatial information.--
(A) In general.--The term ``precise geospatial
information'' means information derived from a consumer
device through any technology that is capable of
determining with specificity the spatial location of a
person or device, such as latitude-longitude
coordinates with an accuracy level of below 1,750 feet
provided by GPS, triangulated location provided by
network radios or beacons such as Wi-Fi, or other
technologies and inferences.
(B) Exclusion.--The term ``precise geospatial
information'' does not include information that is or
will be altered prior to subsequent processing such
that the physical location of an individual or device
cannot be determined with specificity.
(22) Provider.--The term ``provider'' means, with respect
to a hosting service, covered platform, or large covered
platform, a person, partnership, or corporation over which the
Commission has authority pursuant to section 6(a) of the
Federal Trade Commission Act (15 U.S.C. 46(a)) that provides
such service or platform.
(23) Public content.--The term ``public content'' means
information on a covered platform that is available to a
potentially unlimited number of third parties. Such term does
not exclude information merely because an individual must log
into an account in order to see the information.
(24) Recognized place.--The term ``recognized place'' means
any of the following:
(A) Each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and the Virgin Islands of the United
States.
(B) Each noncontiguous area of Indian country (as
defined in section 1151 of title 18, United States
Code).
(C) A county, municipality, city, town, township,
village, borough, or similar unit of general government
that is--
(i) incorporated pursuant to a State law;
or
(ii) an incorporated place (as such term is
defined in the most recent glossary of the
Bureau of the Census).
(D) A census designated place (as such term is
defined in the most recent glossary of the Bureau of
the Census).
(E) A congressional district.
(F) A country.
(25) Recommender system.--The term ``recommender system''
means a fully or partially automated system used on a covered
platform to suggest in the online interface of the platform
specific information to users of the platform, including as a
result of a search initiated by a user or otherwise determining
the relative order or prominence of information displayed.
(26) Sociotechnical expert.--The term ``sociotechnical
expert'' means an information science researcher, privacy or
human rights advocate, international data governance expert,
sociologist, psychologist, ethicist, language scholar,
statistician, user interface designer, child development
scholar, or an individual with expertise in another related
field or application.
(27) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(28) Technologist.--The term ``technologist'' means an
individual with training and expertise regarding the state of
the art in information technology, information security,
network security, software development, computer science,
computer engineering, or another related field or application.
(29) Terms and conditions.--The term ``terms and
conditions'' means all terms and conditions or specifications,
irrespective of their name or form, which govern the
contractual relationship between the provider of a hosting
service and users of the service.
SEC. 3. BUREAU OF DIGITAL SERVICES OVERSIGHT AND SAFETY.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall establish an administrative
unit in the Commission to be known as the ``Bureau of Digital Services
Oversight and Safety'', which shall carry out such duties of the
Commission under this Act, and such other duties relating to hosting
services, as the Commission considers appropriate.
(b) Appointments.--
(1) Director.--The Bureau shall be headed by a Director,
who shall be appointed by the Commission.
(2) Personnel.--
(A) In general.--The Director of the Bureau shall,
without regard to the civil service laws (including
regulations), establish at least 500 positions in the
Bureau and appoint certified professionals to such
positions to carry out the duties of the Bureau. The
Director may fix the rate of basic pay for such
positions at any rate up to the annual rate of basic
pay for Level I of the Executive Schedule under section
5312 of title 5, United States Code.
(B) Technologists.--In appointing certified
professionals under subparagraph (A), the Director
shall appoint at least 80 technologists.
(C) Sociotechnical experts.--In appointing
certified professionals under subparagraph (A), the
Director shall appoint at least 80 sociotechnical
experts.
(D) Constitutional lawyers.--In appointing
certified professionals under subparagraph (A), the
Director shall appoint at least 15 constitutional
lawyers.
SEC. 4. STUDIES AND INVESTIGATIONS.
(a) Sense of Congress Regarding Use of Section 6(b) Authority.--It
is the sense of Congress that the Commission should do the following:
(1) Use the authority of the Commission under section 6(b)
of the Federal Trade Commission Act (15 U.S.C. 46(b)), on an
ongoing basis, to conduct investigative studies of providers of
hosting services.
(2) Provide the Bureau with adequate authority and
resources to conduct such investigative studies.
(3) Conduct such investigative studies to gain a better
understanding of the following systemic risks:
(A) The dissemination of illegal content or illegal
goods, or the facilitation of illegal activity, through
a hosting service.
(B) Discrimination against individuals based on
race, color, religion or creed, national origin or
ancestry, sex (including gender, pregnancy status,
sexual orientation, or gender identity), age, physical
or mental disability, veteran status, genetic
information, or citizenship by, or resulting from the
activities of, a provider of a hosting service.
(C) Any malfunctioning or intentional manipulation
of a hosting service, including by means of inauthentic
use or coordinated, automated, or other exploitation of
the service or risks inherent to the intended operation
of the service, including the amplification of illegal
content, and of content that is in breach of the
community standards of the provider of the service and
has an actual or foreseeable negative effect on the
protection of public health, minors, civic discourse,
electoral processes, public security, or the safety of
vulnerable and marginalized communities.
(b) Whistleblower Protections.--
(1) Definitions.--In this subsection:
(A) Covered person.--The term ``covered person''
means a person who is--
(i) a provider of a hosting service;
(ii) an officer, employee, contractor,
subcontractor, or agent of a provider of a
hosting service; or
(iii) an officer, employee, or agent of a
contractor or subcontractor of a provider of a
hosting service.
(B) Protected individual.--The term ``protected
individual'' means an individual who is--
(i) an officer, employee, contractor,
subcontractor, or agent of a provider of a
hosting service;
(ii) an officer, employee, or agent of a
contractor or subcontractor of a provider of a
hosting service; or
(iii) a certified researcher.
(2) Whistleblower protection.--
(A) In general.--A covered person may not
discharge, demote, suspend, threaten, harass, or in any
other manner discriminate against (in the terms and
conditions of employment or otherwise) a protected
individual if such discrimination is due, in whole or
in part, to the protected individual's lawful, good
faith act done, or perceived by the covered person to
have been done or about to be done, because the
protected individual--
(i) provides information, causes
information to be provided, or otherwise
assists in an investigation regarding any
conduct which the protected individual
reasonably believes constitutes a violation of
this Act or the regulations issued by the
Commission under this Act when the information
or assistance is provided to or the
investigation is conducted by--
(I) a Federal regulatory or law
enforcement agency;
(II) any Member of Congress or any
committee of Congress; or
(III) in the case of a protected
individual who is an employee of a
provider of a hosting service or of a
contractor or subcontractor of such a
provider, a person with supervisory
authority over the employee (or such
other person working for the provider,
contractor, or subcontractor who has
the authority to investigate, discover,
or terminate misconduct); or
(ii) files, causes to be filed, testifies
in, participates in, or otherwise assists in a
proceeding filed or about to be filed relating
to an alleged violation of this Act or the
regulations issued by the Commission under this
Act.
(B) Prohibition on service discrimination.--In
addition to the discrimination prohibited by
subparagraph (A), a provider of a hosting service may
not condition, degrade, or otherwise discriminate in
the provision of a service or product to a protected
individual because the protected individual engaged in
any action described in clause (i) or (ii) of such
subparagraph.
(3) Enforcement action.--
(A) In general.--A protected individual who alleges
discharge or other discrimination by any covered person
in violation of paragraph (2) may seek relief under
paragraph (4) by--
(i) filing a complaint with the Secretary
of Labor; or
(ii) if the Secretary has not issued a
final decision within 180 days after the filing
of the complaint under clause (i) and there is
no showing that such delay is due to the bad
faith of the protected individual, bringing an
action at law or equity for de novo review in
the appropriate district court of the United
States, which shall have jurisdiction over such
an action without regard to the amount in
controversy.
(B) Procedure.--
(i) In general.--Any proceeding with
respect to a complaint under subparagraph
(A)(i) shall be governed under the rules and
procedures set forth in section 42121(b) of
title 49, United States Code.
(ii) Exception.--Notification made under
section 42121(b)(1) of title 49, United States
Code, shall be made to the covered person named
in the complaint and, in the case of a
complaint filed by a protected individual who
is an employee of a provider of a hosting
service or of a contractor or subcontractor of
such a provider, to the provider, contractor,
or subcontractor.
(iii) Burdens of proof.--An action brought
under subparagraph (A)(ii) shall be governed by
the legal burdens of proof set forth in section
42121(b) of title 49, United States Code.
(iv) Statute of limitations.--A complaint
under subparagraph (A)(i) shall be filed not
later than 180 days after the later of--
(I) the date on which the violation
occurs; or
(II) the date on which the
protected individual becomes aware of
the violation.
(v) Jury trial.--A party to an action
brought under subparagraph (A)(ii) shall be
entitled to trial by jury.
(4) Relief.--
(A) In general.--A protected individual prevailing
in any proceeding or action under paragraph (3)(A)
shall be entitled to all relief necessary to make the
protected individual whole, including compensation for
any special damages sustained as a result of the
discrimination, including litigation costs, expert
witness fees, and reasonable attorney fees.
(B) For employees.--In the case of a protected
individual who is an employee of a provider of a
hosting service or of a contractor or subcontractor of
such a provider, if the employee prevails in any
proceeding or action under paragraph (3)(A) against the
provider, contractor, or subcontractor, relief under
subparagraph (A) of this paragraph may include--
(i) reinstatement with the same seniority
status that the employee would have had, but
for the discrimination; and
(ii) the amount of back pay, with interest.
(5) Rights retained by protected individual.--Nothing in
this subsection shall be construed to diminish the rights,
privileges, or remedies of any protected individual under any
Federal or State law, or under any collective bargaining
agreement.
(6) Nonenforceability of certain provisions waiving rights
and remedies or requiring arbitration of disputes.--
(A) Waiver of rights and remedies.--The rights and
remedies provided for in this subsection may not be
waived, including by a predispute arbitration
agreement.
(B) Predispute arbitration agreements.--No
predispute arbitration agreement shall be valid or
enforceable, if the agreement requires arbitration of a
dispute arising under this subsection.
(7) No conditional service.--A provider of a hosting
service may not condition, degrade, or otherwise discriminate
in the provision of a service or product to a protected
individual based on the protected individual's waiver of or
refusal to waive any right or remedy provided for in this
subsection.
(8) Prohibition on disclosure of identity of protected
individual.--
(A) By federal agencies.--Except with the written
consent of the protected individual, an agency (as
defined in section 552(f) of title 5, United States
Code) may not disclose any information that may be used
to identify a protected individual who has provided
information about an alleged violation of this Act or
the regulations issued by the Commission under this
Act, except in accordance with the provisions of
section 552a of title 5, United States Code, unless and
until required to be disclosed to a defendant or
respondent in connection with a public proceeding
instituted by the agency. Any information that may be
used to identify a protected individual shall be exempt
from disclosure under section 552(b)(3)(B) of title 5,
United States Code.
(B) By covered persons.--Except with the written
consent of the protected individual, a covered person
may not disclose any information that may be used to
identify a protected individual who has provided
information about an alleged violation of this Act or
the regulations issued by the Commission under this
Act, unless and until required to be disclosed by law
(including pursuant to an order issued by a court of
competent jurisdiction).
(c) Interagency Reports.--
(1) In general.--Upon request by an agency described in
paragraph (2), the Commission may, at the discretion of the
Commission--
(A) investigate conduct by a provider of a hosting
service that may be unlawful under a provision of law
enforced by or a regulation issued by such agency; and
(B) issue a report to such agency on the results of
the investigation.
(2) Agencies described.--The agencies described in this
paragraph are the following:
(A) The Department of Education.
(B) The Department of Labor.
(C) The Department of Housing and Urban
Development.
(D) The Department of Commerce.
(E) The Department of Health and Human Services.
(F) The Department of Veterans Affairs.
(G) The Equal Employment Opportunity Commission.
(H) The Bureau of Consumer Financial Protection.
(I) The Federal Communications Commission.
(J) The Federal Election Commission.
(K) The Department of State.
(3) Public availability of reports.--A report issued by the
Commission under paragraph (1) shall be made publicly available
by the Commission consistent with section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'').
SEC. 5. INTERNAL COMPLAINT-HANDLING SYSTEMS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall issue regulations under
section 553 of title 5, United States Code, that require a provider of
a covered platform to provide a user of the platform, for a period of
at least 6 months after a content moderation action described in
subsection (b) with respect to information provided by the user, with
access to an internal complaint-handling system that allows the user to
appeal the content moderation action.
(b) Covered Content Moderation Actions.--The content moderation
actions described in this subsection are the following:
(1) A decision to remove or disable access to the
information.
(2) A decision to suspend or terminate the provision of the
service, in whole or in part, to the user.
(3) A decision to suspend or terminate the user's account.
(c) Requirements.--In issuing regulations under subsection (a), the
Commission shall require a provider of a covered platform to do the
following:
(1) To ensure that the internal complaint-handling system
is easy to access (including for individuals with
disabilities), is user-friendly, and enables and facilitates
the submission of sufficiently precise and adequately
substantiated complaints.
(2) To ensure that the internal complaint-handling system
is available in each language in which the covered platform
operates.
(3) To handle complaints submitted through the internal
complaint-handling system in a timely, diligent, and objective
manner.
(4) To inform a complainant without undue delay of the
decision the provider has taken regarding the complaint and the
reasoning for the decision.
(5) To ensure that a decision regarding a complaint is not
taken solely on the basis of automated means, subject to
exceptions specified by the Commission for circumstances such
as frivolous complaints submitted by automated means,
repetitive complaints, or coordinated abuse of the complaint-
handling system.
(d) Exceptions.--In issuing regulations under subsection (a), the
Commission shall consider exceptions to when a provider of a covered
platform is required to respond to a complaint submitted through the
internal complaint-handling system, such as if providing a response
would risk imminent harm to any person or impede law enforcement
activities.
(e) Variation Based on Size and Scope.--In issuing regulations
under subsection (a), the Commission shall vary the requirements based
on the size and scope of a covered platform, including by having
different requirements for different services such as social media
services, online marketplaces, augmented reality and virtual reality
services, and digital advertising placement services.
SEC. 6. TRANSPARENCY REGARDING CONTENT MODERATION AND RELATED MATTERS.
(a) Community Standards.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require a provider of a hosting service to include in the
community standards of the provider the following information:
(A) Information on any restrictions that the
provider imposes with respect to information provided
by users of the service, including information on any
policies, procedures, measures, or tools used for the
purpose of content moderation, including algorithmic
decision making and human review.
(B) Historical versions of the community standards
and change logs.
(C) Anything else determined to be necessary by the
Commission.
(2) Format.--The information required by paragraph (1)
shall be provided in clear and unambiguous language and shall
be publicly available in an electronic format in which pieces
of information are identified using an interactive data
standard, such as eXtensible Markup Language (XML), that is a
standardized list of electronic tags that mark the information
required by paragraph (1) within the community standards of a
provider of a hosting service.
(b) Transparency Reports.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require a provider of a hosting service to issue publicly
available transparency reports relating to content moderation
by the provider with respect to the service.
(2) Information to be included.--The regulations issued
under paragraph (1) shall require the transparency reports to
include information (both quantitative and qualitative) on the
following, as applicable:
(A) A description of the content moderation
practices of the provider, including statistics
regarding the amount and type of content moderation
actions taken that affect the availability, visibility,
and accessibility of information provided by users and
the ability of users to provide information,
categorized by the type of action and reason for taking
the action.
(B) Statistics regarding the method of detection of
information with respect to which a content moderation
enforcement action was taken, such as employees or
contractors of the provider, artificial intelligence
software, trusted organizations, users, or shared
databases.
(C) Statistics regarding the number of legally
enforceable government requirements, non-legally
enforceable government referrals (specifying the
portion that came from internet referral units alleging
violations of the community standards of the
providers), and requests from other entities or private
third parties, to--
(i) provide content or personal information
of users; or
(ii) restrict access to or block content.
(D) Statistics regarding the number of complaints
received through the internal complaint-handling system
required by section 5, the basis for such complaints,
decisions taken with respect to such complaints, the
time needed for taking such decisions, and the number
of instances in which such decisions were reversed.
(E) Statistics regarding user exposure to illegal
content or content that violates the community
standards of the provider, including the type of
content the user was exposed to, where and how the
content was surfaced to the user (including whether the
content was promoted through a creator or account the
user follows and whether the content was
algorithmically recommended or otherwise amplified by
the service) and whether the content was public
content.
(F) Aggregate reporting on the language fluency of
the employees, contractors, and subcontractors of the
provider involved in content moderation, broken down by
type of employment and regional assignment.
(G) Significant changes during the period covered
by the report from the previous report under this
subsection issued by the provider with respect to the
service.
(H) Any other information the Commission considers
appropriate.
(3) Considerations.--In issuing regulations under paragraph
(1), the Commission shall ensure that the reporting
requirements--
(A) take into consideration the rights and
interests of providers and users of hosting services,
including the protection of personal information, the
protection of confidential information, and maintaining
the security of such services;
(B) specify how providers of hosting services
should count and communicate their methods for counting
content moderation actions, including in the case that
content spans multiple reasons for removal or repeated
notifications related to the same user or content;
(C) specify when and how posts moderated by
volunteer moderators in a hosted community should be
reported;
(D) take into consideration relevant standards
issued by international standards-setting
organizations; and
(E) require the reports to be machine-readable and
formatted to allow access by users with disabilities.
(4) Frequency.--In issuing regulations under paragraph (1),
the Commission shall specify the frequency with which a
provider of a hosting service is required to issue the
transparency reports required by such regulations and may vary
such frequency under subsection (e) based on the size and scope
of the service or the provider. The Commission shall require
such reports to be issued at least annually for hosting
services and at least quarterly for large covered platforms.
(c) Level of Detail of Required Disclosures.--In issuing
regulations under this section, the Commission shall consider the level
of detail needed to inform users of hosting services while not impeding
the ability of hosting services to mitigate systemic risks, including
the systemic risks described in section 4(a)(3).
(d) Language of Required Disclosures.--In issuing regulations under
this section, the Commission shall require a provider of a hosting
service to make available the information required to be included in
the community standards of the provider under subsection (a) and the
transparency reports issued under subsection (b) in each language in
which the hosting service operates.
(e) Variation Based on Size and Scope.--In issuing regulations
under this section, the Commission shall vary the requirements based on
the size and scope of the hosting service, including by having
different requirements for different services such as social media
services, online marketplaces, augmented reality and virtual reality
services, digital advertising placement services, and cloud and web
hosting services.
(f) Rule of Construction.--Nothing in this section may be construed
to require a provider of a hosting service to collect personal
information that the provider would not otherwise collect.
SEC. 7. RISK ASSESSMENT AND RISK MITIGATION REPORTING.
(a) Risk Assessment and Risk Mitigation Reports for Large Covered
Platforms.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require a provider of a large covered platform to--
(A) conduct risk assessments with respect to the
platform; and
(B) based on the risk assessments conducted under
subparagraph (A), submit to the Commission risk
assessment and risk mitigation reports with respect to
the platform.
(2) Risk assessment.--
(A) Identification, analysis, and assessment of
systemic risks.--The regulations issued under paragraph
(1) shall require a provider of a large covered
platform, in conducting a risk assessment and preparing
a report required by such regulations, to identify,
analyze, and assess, in a manner specific to the large
covered platform, any significant systemic risks
arising from the functioning and use of the platform,
including the systemic risks described in section
4(a)(3).
(B) Influence of content moderation and other
systems.--The regulations issued under paragraph (1)
shall require a provider of a large covered platform,
in conducting a risk assessment and preparing a report
required by such regulations, to take into account how
its content moderation systems, terms and conditions,
community standards, algorithmic systems, recommender
systems, and systems for selecting and displaying
advertisements, as well as the underlying data
collection, processing, and profiling, influence any of
the systemic risks identified under subparagraph (A),
including the potentially rapid and wide dissemination
of illegal content and of information that is
incompatible with its community standards.
(3) Risk mitigation documentation.--The regulations issued
under paragraph (1) shall require a provider of a large covered
platform, in preparing a report required by such regulations,
to document with particularity the measures used to mitigate
any systemic risk identified by the provider under paragraph
(2)(A). Such measures may include, where applicable, the
following:
(A) Integrating threat modeling and red-teaming
processes to guard against systemic risks identified
under paragraph (2)(A) in the early stages of product
design, and to test potential mitigations prior to the
release of a product.
(B) Adapting the content moderation or recommender
systems (including policies and enforcement) of the
provider, the decision-making processes of the
provider, the features or functioning of the platform,
or the terms and conditions or community standards of
the provider.
(C) Targeted measures aimed at limiting the display
of advertisements in association with the platform or
the alternative placement and display of public service
advertisements or other related factual (as determined
by the provider) information.
(D) Reinforcing the internal processes or
supervision of any of the activities of the provider,
particularly regarding the detection of systemic risks
identified under paragraph (2)(A).
(E) User-friendly notification and action
mechanisms that allow any person to notify the provider
of the presence on the platform of any content the
person believes to be--
(i) illegal content; or
(ii) in violation of the terms and
conditions or community standards of the
provider.
(F) Crisis protocols, including a description of
what constitutes the specific extraordinary
circumstance the crisis protocol seeks to address and
the objectives the crisis protocol pursues.
(G) Testing for effectiveness and discriminatory
bias within any algorithms used in the content
moderation process.
(H) Hiring and training of human content
moderators, trust and safety personnel, engineers
focused on detecting and reducing systemic risks
identified under paragraph (2)(A), and others with
appropriate subject-matter expertise and cultural
competence.
(I) Protections for the health and well-being of
human content moderators.
(J) Deliberative approaches to platform governance,
including creating citizen panels, assemblies, or
independent oversight bodies, or using crowdsourcing
mechanisms, to make or inform content moderation
decisions or policies.
(K) Age-appropriate design that adjusts features on
the platform based on what is in the best interest of
children and adolescents, given variations in brain
development.
(L) Other risk-mitigation techniques considered
relevant by the Commission.
(4) Variation based on size and scope.--In issuing
regulations under paragraph (1), the Commission shall vary the
requirements based on the size and scope of a large covered
platform, including by having different requirements for
different services such as social media services, online
marketplaces, augmented reality and virtual reality services,
and digital advertising placement services.
(5) Frequency.--In issuing regulations under paragraph (1),
the Commission shall specify the frequency with which a
provider of a large covered platform is required to conduct the
risk assessments and submit to the Commission the reports
required by such regulations and may vary such frequency under
paragraph (4) based on the size and scope of the platform or
the provider. The Commission shall require such risk
assessments to be conducted and such reports to be submitted at
least annually.
(6) FOIA exemption.--The reports required by the
regulations issued under paragraph (1) shall be exempt from
disclosure under section 552(b)(3)(B) of title 5, United States
Code.
(b) Annual Reports by Commission on Systemic Risks Posed by Large
Covered Platforms.--The Commission shall publish an annual report on
systemic risks posed by large covered platforms that includes the
following:
(1) Identification and assessment of the most prominent and
recurrent systemic risks posed by large covered platforms,
based on the reports submitted by providers of such platforms
under subsection (a), information obtained by the Commission
under section 6(b) of the Federal Trade Commission Act (15
U.S.C. 46(b)), or other information available to the
Commission.
(2) Assessment of the effectiveness of providers of large
covered platforms at reducing systemic risks, including
successful approaches that have worked across platforms.
(c) Independent Audits for Large Covered Platforms.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require a provider of a large covered platform to obtain
an annual audit of the risk assessment and risk mitigation
measures documented by the provider in the most recent report
submitted under subsection (a) with respect to the platform,
the accuracy of the most recent transparency report submitted
under section 6(b) with respect to the platform, and the
compliance by the provider with respect to the platform with
the regulations issued under section 10, by an organization
that--
(A) is independent from the provider;
(B) has proven expertise in the area of risk
management;
(C) has the technical competence and technical
capabilities necessary to perform the audit;
(D) has proven objectivity and professional ethics,
based on adherence to codes of practice or other
appropriate standards; and
(E) meets any other requirements considered
necessary by the Commission.
(2) Report.--The regulations issued under paragraph (1)
shall require an organization that performs an audit under such
paragraph to prepare a written report on the audit, which shall
include the following:
(A) The name, address, and point of contact of the
provider of the large covered platform.
(B) The name, address, and point of contact of the
organization performing the audit.
(C) The period covered by the audit.
(D) A description of the specific elements audited,
and the methodology applied.
(E) A description of the main findings drawn from
the audit.
(F) An audit opinion on whether the provider of the
platform accurately, fully, and meaningfully described
all of the systemic risks known to the provider which
were required to be included in the report submitted
under subsection (a) to which the audit relates.
(G) An audit opinion on the adequacy of the
processes and procedures of the provider of the
platform for identifying, assessing, and reporting
systemic risks as required under subsection (a).
(H) An audit opinion on whether the provider
implemented the risk mitigation measures documented in
the report submitted under subsection (a) to which the
audit relates.
(I) An audit opinion on the accuracy of and
thoroughness of the transparency report submitted under
section 6(b) to which the audit relates.
(J) An audit opinion on the compliance by the
provider with respect to the platform with the
regulations issued under section 10.
(K) Recommendations for changes the provider could
make to better address systemic risks.
(L) Any additional information considered necessary
by the Commission.
(3) Submission of report.--The regulations issued under
paragraph (1) shall require a provider of a large covered
platform to submit to the Commission the report prepared under
paragraph (2).
(4) Information to be disclosed to audit organization.--The
regulations issued under paragraph (1) shall--
(A) specify what information a provider of a large
covered platform and the contractors of the provider
are required to disclose to an organization performing
an audit under such paragraph; and
(B) require the organization to comply with privacy
measures similar to those for certified researchers
under section 10 and any other measures determined
appropriate by the Commission to protect the privacy of
users of large covered platforms and employees and
contractors of providers of large covered platforms.
SEC. 8. GUIDANCE ON BEST PRACTICES.
(a) In General.--The Commission shall, on an ongoing basis, issue a
series of evidence-based nonbinding guidance on best practices for
providers of large covered platforms to address the systemic risks
described in section 4(a)(3). The guidance shall focus on product
design features and content moderation processes that aim to be content
neutral.
(b) Registry.--The Commission shall maintain, and make publicly
available on the website of the Commission, a registry of all large
covered platforms with a list of the guidance issued under this section
that each platform follows, according to the independent audits
conducted under section 7(c) or other information provided to the
Commission under this Act.
(c) Advisory Committees.--The Commission may create advisory
committees (as defined in section 3 of the Federal Advisory Committee
Act (5 U.S.C. App.)) to solicit views regarding the guidance under this
section from stakeholders, including communities most impacted by the
systemic risks described in section 4(a)(3) and content moderators and
employees (current or former) at covered platforms focused on
mitigating such risks.
SEC. 9. RECOMMENDER SYSTEMS.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Commission shall issue regulations under
section 553 of title 5, United States Code, that require a provider of
a large covered platform that uses a recommender system to do the
following:
(1) To specify in the terms and conditions of the provider,
in a clear, accessible, and easily comprehensible manner--
(A) the most salient features, inputs, or
parameters used by the recommender system;
(B) how any personal information used by the
recommender system is collected or inferred about a
user of the platform, and the categories of such
information (including demographic, behavioral, and any
other categories defined by the Commission); and
(C) any options that the provider makes available
for a user of the platform to modify the profile of the
user or to influence the features, inputs, or
parameters used by the recommender system.
(2) To provide an option that does not rely on any of the
user's personal information (either collected or inferred) to
determine the order of information presented to the user. The
Commission may determine reasonable exceptions to ensure
product functionality, such as the user's language preference
or recognized place. Such option shall be set as a default or
presented prominently within the main interface containing the
results of the recommender system. The provider shall present
the options in good faith, and avoid misleading or harassing
consumers into making different choices, failing to maintain
parity of unrelated features, or other measures as determined
by the Commission.
(b) Opt-In for Certain Personal Information.--In issuing
regulations under subsection (a), the Commission may determine that
certain personal information may not be used to customize a recommender
system without specific opt-in consent from users. In the case of such
a determination, a provider of a large covered platform shall
independently obtain opt-in consent for separate categories of personal
information (as categorized and according to standards set by the
Commission) rather than obtaining a global opt-in consent for all
personal information or multiple categories of personal information
simultaneously.
(c) Considerations for Rulemaking.--In issuing regulations under
subsection (a), the Commission shall consider--
(1) the ways recommender systems may be used to help
providers of large covered platforms mitigate systemic risks
described in section 4(a)(3);
(2) the frequency with which recommendation algorithms are
trained; and
(3) the technical feasibility of disabling or modifying use
of features, inputs, or parameters for each user.
(d) Variation Based on Size and Scope of Platform and Type of
Recommender System.--In issuing regulations under subsection (a), the
Commission shall vary the requirements based on the size and scope of
the large covered platform, including by having different requirements
and for different types of recommender systems.
SEC. 10. INDEPENDENT RESEARCH FACILITATION.
(a) Office of Independent Research Facilitation.--In establishing
the Bureau under section 3(a), the Commission shall establish within
the Bureau an office to be known as the ``Office of Independent
Research Facilitation'', which shall carry out such duties of the
Commission under this section, and such other duties relating to
facilitation of independent research on covered platforms, as the
Commission considers appropriate.
(b) Researcher Certification Process.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
to establish a process by which--
(A) an organization may, upon application to the
Commission, be qualified as a host organization; and
(B) an individual who is affiliated with a host
organization may, upon application to the Commission,
be certified in order to obtain access to information
under this section for the purposes described in
paragraph (2).
(2) Purposes of access to information.--The purposes
described in this paragraph are to gain understanding and
measure the impacts of the content moderation, product design
decisions, and algorithms of covered platforms on society,
politics, the spread of hate, harassment, and extremism,
security, privacy, and physical and mental health.
(3) Requirements and commitments to be qualified as host
organization.--
(A) In general.--In order to be qualified as a host
organization under paragraph (1)(A), an organization
shall--
(i) meet the requirements described in
subparagraph (B); and
(ii) make the commitments described in
subparagraph (C).
(B) Requirements.--The requirements described in
this subparagraph for an organization are the
following:
(i) The organization--
(I) is described in section
501(c)(3) of the Internal Revenue Code
of 1986 and is exempt from taxation
under section 501(a) of such Code; or
(II) is an institution of higher
education (as defined in section 101(a)
of the Higher Education Act of 1965 (20
U.S.C. 1001(a))).
(ii) The mission of the organization
includes developing a deeper understanding of
the impacts of covered platforms described in
paragraph (2).
(iii) The organization has the capacity
to--
(I) comply with the rules issued
under subsection (c) relating to
information security; and
(II) analyze information to which
access is provided under this section
using data science and best practices
for investigative and qualitative
research.
(iv) Any additional requirements
established by the Commission in the
regulations issued under paragraph (1).
(C) Commitments.--The commitments described in this
subparagraph for an organization are the following:
(i) To provide training to certified
researchers affiliated with the organization to
ensure that the researchers abide by the
commitments described in paragraph (4)(C).
(ii) With respect to a project or study
being carried out by a certified researcher
affiliated with the organization using
information to which access is obtained under
this section, to conduct a review of the
project or study to ensure that--
(I) the project or study is
consistent with the purposes of access
described in paragraph (2); and
(II) the researcher has sought the
approval of an institutional review
board for the project or study, if
applicable.
(iii) Any additional commitments
established by the Commission in the
regulations issued under paragraph (1).
(4) Requirements and commitments to be certified as a
certified researcher.--
(A) In general.--In order to be certified as a
certified researcher under paragraph (1)(B), an
individual shall--
(i) meet the requirements described in
subparagraph (B); and
(ii) make the commitments described in
subparagraph (C).
(B) Requirements.--The requirements described in
this subparagraph for an individual are the following:
(i) The individual is affiliated with an
organization that is qualified as a host
organization under this subsection.
(ii) The individual is not under review by
the host organization for research misconduct.
(iii) Any additional requirements
established by the Commission in the
regulations issued under paragraph (1).
(C) Commitments.--The commitments described in this
subparagraph for an individual are the following:
(i) To have the capacity to comply with,
and to comply with, any information security or
confidentiality requirements the Commission
considers appropriate with respect to
information accessed under this section.
(ii) Not to reidentify, or to attempt to
reidentify, the individual to whom information
accessed under this section relates.
(iii) Not to publish personal information
derived from information accessed under this
section.
(iv) To comply with applicable Federal,
State, and local information sharing and
privacy laws and regulations.
(v) To complete Responsible Conduct of
Research training provided by the Office of
Research Integrity of the Department of Health
and Human Services.
(vi) To disseminate the results of the
research conducted using information accessed
under this section to the public.
(vii) To comply with limits on commercial
use of information accessed under this section
or research conducted using such information,
as specified by the Commission in regulations
issued under this section.
(viii) To seek a certificate of
confidentiality issued by the Secretary of
Health and Human Services under section 301(d)
of the Public Health Service Act (42 U.S.C.
241(d)), if applicable.
(ix) Any additional commitments established
by the Commission in the regulations issued
under paragraph (1).
(5) Requalification and recertification required.--
(A) Requalification.--In issuing regulations under
paragraph (1), the Commission shall provide for the
qualification of an organization as a host organization
to expire at the end of a 3-year period and for the
organization, upon application to the Commission, to be
qualified as a host organization for a 3-year period in
addition to the initial or any subsequent such period,
if the organization--
(i) continues to meet the requirements
described in paragraph (3)(B);
(ii) abided by the commitments described in
paragraph (3)(C) that the organization made
with respect to the previous such period; and
(iii) makes the commitments described in
paragraph (3)(C) for the next such period.
(B) Recertification.--In issuing regulations under
paragraph (1), the Commission shall provide for the
certification of an individual as a certified
researcher to expire at the end of a 1-year period and
for the individual, upon application to the Commission,
to be certified as a certified researcher for a 1-year
period in addition to the initial or any subsequent
such period, if the individual--
(i) continues to meet the requirements
described in paragraph (4)(B);
(ii) abided by the commitments described in
paragraph (4)(C) that the individual made with
respect to the previous such period; and
(iii) makes the commitments described in
paragraph (4)(C) for the next such period.
(6) Revocation of qualification or certification.--
(A) Qualification.--In issuing regulations under
paragraph (1), the Commission shall provide for the
revocation of the qualification of an organization as a
host organization if the Commission determines that the
organization--
(i) no longer meets the requirements
described in paragraph (3)(B); or
(ii) is not abiding by the commitments
described in paragraph (3)(C) that the
organization made with respect to the
applicable qualification period.
(B) Certification.--In issuing regulations under
paragraph (1), the Commission shall provide for the
revocation of the certification of an individual as a
certified researcher if the Commission determines that
the individual--
(i) no longer meets the requirements
described in paragraph (4)(B); or
(ii) is not abiding by the commitments
described in paragraph (4)(C) that the
individual made with respect to the applicable
certification period.
(7) Nondiscrimination.--No person on grounds of race,
color, age, sex, national origin, political affiliation, or
disability shall be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under the
researcher certification process established under this
subsection.
(8) Consultation.--In issuing regulations under paragraph
(1), the Commission shall consult with the Director of the
National Science Foundation, the Secretary of Health and Human
Services, and the Federal Statistical Research Data Centers of
the Bureau of the Census.
(9) GAO audit and report.--
(A) Audit.--Not later than 3 years after the date
on which the Commission issues the regulations required
by paragraph (1), the Comptroller General of the United
States shall complete an audit of the process
established by such regulations.
(B) Report.--
(i) In general.--Not later than 90 days
after the date on which the audit required by
subparagraph (A) is completed, the Comptroller
General--
(I) shall submit to Congress a
report on the audit; and
(II) shall make the report required
by subclause (I) available to the
Speaker of the House of
Representatives, the majority and
minority leaders of the House of
Representatives, the majority and
minority leaders of the Senate, the
Chairman and Ranking Member of the
committee and each subcommittee of
jurisdiction in the House of
Representatives and the Senate, and any
other Member of Congress who requests
the report.
(ii) Contents.--The report required by
clause (i)(I) shall include--
(I) an assessment of the process,
including whether the Office is
effectively balancing information
security with the need for rigorous
independent research, done in a timely
manner, for the purposes described in
paragraph (2);
(II) any signs of discrimination in
the process of certifying researchers;
and
(III) recommendations for
improvements to the process.
(c) Secure Research Access.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
to specify--
(A) the types of information that should be made
available to certified researchers by providers of
covered platforms;
(B) the manner in which such information is
accessed; and
(C) under what circumstances the provision of
access to such information to certified researchers by
providers of covered platforms is required or optional.
(2) Tiered access.--In issuing the regulations required by
paragraph (1), the Commission shall create a system of tiered
access in which information about users of covered platforms
that the Commission considers more sensitive has more
safeguards in place and is accessed by fewer certified
researchers than information that the Commission considers less
sensitive.
(3) Types of information to be considered.--The types of
information to be considered by the Commission in issuing the
regulations required by paragraph (1) shall include the
following:
(A) Information related to how covered platforms
conduct internal studies, including the metrics used to
evaluate the platform's success and quality of content.
(B) Information related to content moderation
decisions (including choices related to the ranking,
ordering, promotion, or recommendation of content and
requests for removal of content), the setting of
policies for content moderation, and the demographics
of individuals setting such policies.
(C) The demographics, cultural competency, and
content category-specific expertise of individuals
setting content moderation policies and making content
moderation decisions.
(D) Requests to a provider of a covered platform
from a third party to act on a user, account, or
content (such as user-flagged content, content removal
requests, account suspension requests, and network
shutdowns).
(E) Information related to engagement (such as
sharing and likes) with content (such as news articles
and video clips), including the demographic breakdown
of users that interact with content (to the extent such
breakdown is known or inferred) and the source of
engagement (such as organic search or recommendation).
(F) Information related to exposure (such as
viewership or impressions) to content (such as news
articles and video clips), including the demographic
breakdown of users that interact with content (to the
extent such breakdown is known or inferred) and the
source of exposure (such as organic search or
recommendation).
(G) Classification of information sources, such as
opinion, sports, entertainment, and politics.
(H) Archives of removed content.
(I) Archives of accounts that have been removed by
a provider of a covered platform, including--
(i) any special treatment of accounts that
previously belonged to high-profile
individuals;
(ii) archives of fake or bot accounts that
have been removed; and
(iii) archives of coordinated influence
operation accounts that have been removed.
(J) Advertisements and influencer marketing
content, in addition to the information described in
subsection (f).
(K) Materials used to train content moderators.
(L) Detailed information related to the algorithms
of a covered platform, including feature importance,
optimization objectives (such as predictions of user
behavior or engagement), descriptions of datasets used
in model development including its composition,
collection process, and any preprocessing (including
cleaning or labeling) done on the data.
(M) Any other information the Commission considers
necessary.
(4) Considerations relating to manner of access.--In
issuing the regulations required by paragraph (1), the
Commission shall consider the following:
(A) Size and sampling techniques used to create the
data sets containing the information described in
paragraph (3) to which access is provided under this
subsection.
(B) Limits on time and amount of information
stored, broken down by the type of information.
(C) Under what circumstances privacy preserving
techniques such as differential privacy and statistical
noise should be used.
(D) Information security standards, such as those
included in the National Institute of Standards and
Technology portfolio.
(E) When aggregation of demographic information is
required and the required level of aggregation.
(F) When standardized variable names should be used
across covered platforms and for what types of
information.
(G) Under what circumstances secure application
computer interfaces are required and the specific level
of security.
(H) Designation of secure facilities and computers
to analyze information through a Federally Funded
Research and Development Center described in paragraph
(7) or as otherwise determined by the Commission.
(I) Under what circumstances to limit access to
information to a subset of certified researchers based
on the nature of the study or when to require
preliminary results prior to more restricted access.
(J) The technical feasibility for a provider of a
covered platform to provide access to information.
(5) Consideration of when commission review prior to
publication is required.--In issuing the regulations required
by paragraph (1), the Commission shall consider under what
circumstances the Commission will review a publication based on
information accessed under this section prior to publication to
determine whether the publication violates the privacy of a
user of the covered platform or would reveal trade secrets of
the provider of the covered platform.
(6) User privacy.--
(A) Protection of reasonable expectations of
personal privacy.--
(i) In general.--In issuing the regulations
required by paragraph (1), the Commission shall
ensure that the provision of access to
information under this section does not
infringe upon reasonable expectations of
personal privacy of users of covered platforms
or of other individuals, including by requiring
a provider of a covered platform--
(I) to deidentify any information
described in clause (ii) before
providing certified researchers with
access to such information; and
(II) in the case of location
information to which certified
researchers are provided access, to
ensure that such access--
(aa) is provided at a level
that is not more specific than
a recognized place; and
(bb) does not include
access to precise geospatial
information.
(ii) Information described.--The
information described in this clause is the
following:
(I) Information that is not (or was
not before removal from the covered
platform) public content.
(II) Personal health information.
(III) Biometric information.
(IV) Information relating to an
individual under 13 years of age.
(B) Notice to platform users.--In issuing the
regulations required by paragraph (1), the Commission
shall require a provider of a covered platform, through
the posting of notices or other appropriate means, to
keep users informed of the types of information to
which the provider is required or permitted to provide
access to certified researchers under this section and
the privacy protections applicable to such access.
(C) User opt-out.--In issuing the regulations
required by paragraph (1), the Commission shall require
a provider of a covered platform to make available to a
user whose profile does not host public content an
opportunity to opt out of having access to the
information of such user provided to a certified
researcher under this section.
(D) Prohibition against compelled disclosure to
governmental entities.--A certified researcher, or an
organization that is qualified as a host organization
under this section, may not be required (by a subpoena,
court order, or otherwise) to divulge to a governmental
entity (as defined in section 2711 of title 18, United
States Code) any information obtained from a provider
of a covered platform under this section.
(E) Relationship to other law.--Section 2702(b) of
title 18, United States Code, is amended--
(i) in paragraph (8), by striking ``; or''
and inserting a semicolon;
(ii) in paragraph (9), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(10) to a certified researcher under section 10 of the
Digital Services Oversight and Safety Act of 2022 in accordance
with such section and the regulations issued by the Federal
Trade Commission under such section.''.
(7) Federally funded research and development center.--
(A) In general.--The Commission may sponsor a
Federally Funded Research and Development Center as
described in section 35.017 of title 48, Code of
Federal Regulations (or any successor regulation), to
facilitate information sharing between covered
platforms and certified researchers.
(B) Consortium required.--A Federally Funded
Research and Development Center sponsored by the
Commission under subparagraph (A) shall be comprised of
at least 3 organizations that are qualified as host
organizations under subsection (b).
(C) Mission.--The mission of a Federally Funded
Research and Development Center sponsored by the
Commission under subparagraph (A) may include the
following:
(i) Enabling certified researchers to
perform studies requiring information from
multiple covered platforms.
(ii) Serving as a means to provide
certified researchers access to information as
described in paragraph (4)(H).
(iii) Upon request of the Director of the
Bureau, supporting and assisting in the
development of guidance under section 8.
(iv) Collaborating with international
research organizations with a similar mission.
(8) Variation based on size and scope.--In issuing the
regulations required by paragraph (1), the Commission shall
vary the specifications based on the size and scope of a
covered platform, including by having different specifications
for different services such as social media services, online
marketplaces, augmented reality and virtual reality services,
and digital advertising placement services. In the case of a
large covered platform, the regulations issued under paragraph
(1) shall apply in addition to the regulations issued under
subsections (f) and (g), and the Commission shall also vary the
requirements of the regulations issued under such subsections
based on the size and scope of a large covered platform.
(9) Safe harbor for providers.--If a provider of a covered
platform provides a certified researcher with access to
information in accordance with the regulations required by
paragraph (1) (regardless of whether such access is optional or
required), the Commission may not bring an enforcement action
against the provider based solely on the act of disclosing such
information to the certified researcher.
(10) Safe harbor for researcher accounts and data
donations.--
(A) Immunity from liability.--A certified
researcher shall not be liable under any Federal,
State, or local law, or for a violation of the terms
and conditions of a covered platform, for any of the
following:
(i) The creation and use of an account or
accounts on a covered platform that are created
for and used solely for a research project
carried out for the purposes described in
subsection (b)(2), if--
(I) the certified researcher takes
reasonable measures to avoid misleading
users of the covered platform in the
creation and use of the account or
accounts; and
(II) the creation and use of the
account or accounts does not materially
burden the technical operation of the
covered platform.
(ii) The collection of information provided
for research purposes by a user of a covered
platform, including through a browser extension
or plug-in, if the certified researcher obtains
informed consent for such collection in
accordance with section 46.116 of title 45,
Code of Federal Regulations (or any successor
regulation).
(B) Prohibition on service discrimination.--A
provider of a covered platform may not condition,
degrade, or otherwise discriminate in the provision of
a service or product to a certified researcher because
the certified researcher takes an action described in
clause (i) or (ii) of subparagraph (A).
(d) Submission of Data Dictionaries.--Not later than 18 months
after the date of the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code, to--
(1) require a provider of a covered platform, not later
than 6 months after the date on which such regulations are
issued, and every 12 months thereafter, to submit to the
Commission a data dictionary created by the provider during the
period covered by the submission, which shall include a
description of the information collected by the provider that
may be meaningful to a certified researcher, including the
meaning, relationship to other information, origin, and format
of the information; and
(2) establish a process by which the Commission will
consult a data dictionary submitted under paragraph (1) in
offering advice to a certified researcher under subsection
(e)(1).
(e) Consultation.--
(1) Researcher consultation.--The Commission shall offer a
certified researcher attempting to formulate studies using
information to which access is provided under this section, or
to negotiate a memorandum of understanding with a provider of a
covered platform to conduct research, advice related to--
(A) the types of information to which the
researcher could obtain access; and
(B) ways to protect the security of such
information in accordance with this section and the
regulations issued under this section.
(2) Covered platform consultation.--The Commission shall
offer a provider of a covered platform support and assistance
in complying with this section and the regulations issued under
this section in the provision of access to information to
certified researchers, regardless of whether the provision of
such access is required or optional under this section.
(f) Advertisement Libraries.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require the following:
(A) A provider of a large covered platform that
sells advertising services to maintain and grant
certified researchers and the Commission access to an
advertisement library that contains in a searchable,
machine-readable format the following information
(which may be updated by the Commission as the
Commission determines to be necessary) related to any
advertiser that purchases $500 or more of advertising
services from the provider in a calendar year:
(i) The legal name and unique
identification number for each advertiser.
(ii) The full content contained within the
advertisement, including machine-readable text
and textual descriptions of any images.
(iii) The method used, as selected either
by the advertiser or by the provider, to target
an advertisement to users of the large covered
platform, including uploaded lists of users,
pre-set categories of users, key words, and
contextual information.
(iv) The optimization objective chosen by
the advertiser (such as awareness, reach,
traffic, and engagement).
(v) A description of the targeted audience
for each advertisement, including information
(that may have been collected from the profile
of a user or based on an algorithm) on the
demographics of the audience (including age,
gender, geographic location, race, ethnicity,
language, and political affiliation), interests
of the audience, and any other description of
the targeted audience determined to be
reasonable by the Commission.
(vi) A description of the delivery audience
of the advertisement determined by a count of
users who viewed the advertisement, including
information (that may have been collected from
the profile of a user or based on an algorithm)
on the demographics of the audience (including
age, gender, geographic location, race,
ethnicity, language, and political
affiliation), interests of the audience, and
any other description of the delivery audience
determined to be reasonable by the Commission.
(vii) The number of times the advertisement
was viewed by users.
(viii) Advertisement conversion (including
how often an advertisement was shared, liked,
or clicked-through) and over what timeframe.
(ix) The date and time that the
advertisement was first displayed and last
displayed.
(x) The amount the advertiser budgeted for
advertising services with respect to the
advertisement on the large covered platform and
the amount paid for such advertising services.
(xi) The category of the advertisement as
defined by the provider (such as politics,
employment opportunity, housing opportunity, or
apparel).
(xii) Each language contained within the
advertisement.
(xiii) Any advertising services policy of
the provider that is made available to
advertisers.
(xiv) Whether the advertisement was
determined to violate any policy described in
clause (xiii).
(xv) Any other information the Commission
considers necessary.
(B) The methodology used by the large covered
platform to calculate the demographics of the targeted
audience described in subparagraph (A)(v) to be the
same as the methodology used to calculate the
demographics of the delivery audience described in
subparagraph (A)(vi).
(C) In the case of advertisements that are deleted
by an advertiser or blocked by the advertising services
policy of a provider of a large covered platform, the
provider to treat such advertisements (with respect to
whether or how such advertisements are made available
in the advertisement library) as specified in such
regulations.
(D) A provider of a large covered platform to make
an advertisement available in the advertisement library
within an amount of time specified in such regulations
after the advertisement is posted on the platform.
(E) A provider of a large covered platform to make
an advertisement available in the advertisement library
for an amount of time specified in such regulations.
(F) A provider of a large covered platform to
ensure that the advertisement library cannot be used to
identify an individual targeted by an advertisement.
(2) No additional information collection required.--The
regulations issued under paragraph (1) shall specify that a
provider of a large covered platform is not required to collect
any information for the advertisement library that the provider
does not collect in the ordinary course of business.
(3) Public availability.--The regulations issued under
paragraph (1) shall require a provider of a large covered
platform to make available to the public a version of the
advertisement library maintained under such regulations. Such
regulations may specify that such public version is not
required to contain certain information required to be included
in the version to which the Commission and certified
researchers are granted access.
(g) High-Reach Public Content Stream.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Commission shall issue
regulations under section 553 of title 5, United States Code,
that require a provider of a large covered platform to
maintain, and grant certified researchers and the Commission
access to, a high-reach public content stream that contains in
a searchable, machine-readable format the following information
(which may be updated by the Commission as the Commission
determines to be necessary):
(A) The pieces of high-reach and high-engagement
public content, such as user-generated posts, texts,
hyperlinks, images, and videos, made available on the
large covered platform.
(B) The frequency with which such pieces of content
are shared over a period of time within a recognized
place.
(C) Engagement (such as sharing and likes) with
such pieces of content, including the demographic
breakdown of users that interact with the content (to
the extent such breakdown is known or inferred).
(D) Exposure (such as viewership or impressions) to
such pieces of content, including the demographic
breakdown of users exposed to the content (to the
extent such breakdown is known or inferred).
(E) Public high-profile accounts involved in the
spread of such pieces of content.
(F) Any other information relating to such pieces
of content that the Commission considers appropriate.
(2) Considerations.--In issuing regulations under paragraph
(1), the Commission shall consider the following:
(A) What constitutes high-reach and high-engagement
public content for purposes of such regulations.
(B) The time by which a piece of content is
required to become available, and the period of time
for which the piece of content is required to remain
available, in the high-reach public content stream,
with the goal of providing a near real-time
understanding of high-reach and high-engagement public
content on the platform.
(C) What constitutes a public high-profile account,
considering not only that the profile is set to public
but that the number of followers is greater than 25,000
users.
(D) Any other matters the Commission considers
appropriate.
(3) No additional information collection required.--The
regulations issued under paragraph (1) shall specify that a
provider of a large covered platform is not required to collect
any information about users for the high-reach public content
stream that the provider does not collect in the ordinary
course of business.
(4) Public availability.--The regulations issued under
paragraph (1) may require a provider of a large covered
platform to make available to the public a version of the high-
reach public content stream maintained under such regulations.
Such regulations may specify that such public version is not
required to contain certain information required to be included
in the version to which the Commission and certified
researchers are granted access because of national security or
privacy concerns.
SEC. 11. RESEARCH FELLOWSHIP PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall issue regulations under
section 553 of title 5, United States Code, to establish within the
Bureau a fellowship program (in this section referred to as the
``program'') in accordance with this section that offers individuals
appointments as fellows to conduct--
(1) research relating to understanding of and mitigating
systemic risks described in section 4(a)(3), with a focus on
research that requires information that is difficult or
impossible for a certified researcher to obtain under section
10; and
(2) research projects with a focus on domestic and global
information ecosystem studies that require information from or
about multiple hosting services and longer time horizons.
(b) Applications.--The Commission shall prescribe the process for
an individual to apply for appointment as a fellow under the program.
(c) Eligibility.--
(1) In general.--To be eligible for appointment as a fellow
under the program, an individual shall meet the following
requirements:
(A) The individual shall be a national of the
United States or lawfully admitted to the United States
for permanent residence.
(B) The individual may not be a current Commission
employee as of the time when the individual is
appointed as a fellow.
(C) The individual may not have a conflict of
interest (as determined by the Commission).
(2) No consecutive terms.--An individual may not serve
consecutive terms as a fellow under the program.
(d) Number.--The Commission shall maintain at least 15 fellows
under the program at any time.
(e) Term.--A fellow appointed under the program shall serve a term
of not less than 1 year and not more than 3 years.
(f) Pay.--The Commission shall establish annual rates of pay,
benefits, and standards for fellows under the program.
(g) Fellowship Agreement.--The Commission and a fellow appointed
under the program shall enter into a fellowship agreement, which shall
state the amount of compensation to be received by the fellow and the
terms and conditions governing the fellowship.
(h) Compliance With Information Security Practices.--A fellow
appointed under the program shall comply with information security
practices established by the Commission.
(i) Access to Information.--A fellow appointed under the program
shall have access to--
(1) the same information as a certified researcher; and
(2) information relating to hosting services and providers
of hosting services obtained under section 6(b) of the Federal
Trade Commission Act (15 U.S.C. 46(b)).
(j) Prohibition on Carrying Out Enforcement Duties.--A fellow
appointed under the program may not perform work for purposes of an
enforcement action by the Commission.
(k) Inapplicability of Certain Rules.--Any rule of the Commission
that restricts an individual formerly employed by the Commission from
accepting other employment shall not apply to an individual by reason
of the service of the individual as a fellow under the program.
SEC. 12. REPORT AND DISCLOSURE INTEGRITY.
In the case of any report or other disclosure required to be made
by a provider of a hosting service under this Act, it shall be a
violation of this Act for such report or other disclosure to include
any untrue statement of a material fact or to omit to state any
material fact required to be stated therein or necessary to make the
statements therein, in the light of the circumstances under which the
report or other disclosure is made, not misleading.
SEC. 13. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
or a regulation issued under this Act shall be treated as a violation
of a regulation under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive
acts or practices.
(b) Powers of Commission.--The Commission shall enforce this Act
and the regulations issued under this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act, and any person who violates this Act or a regulation
issued under this Act shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade Commission
Act.
(c) Commission Litigation Authority.--Section 16(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended--
(1) in subparagraph (D), by striking ``or'' after the
semicolon;
(2) in subparagraph (E)--
(A) by moving the margins 2 ems to the left; and
(B) by inserting ``or'' after the semicolon; and
(3) by inserting after subparagraph (E) the following:
``(F) under subsection (l) or (m) of section 5 of this Act
that arises from a violation of the Digital Services Oversight
and Safety Act of 2022 or a regulation issued under such
Act;''.
(d) Regulations.--The Commission may issue regulations under
section 553 of title 5, United States Code, to implement this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission to carry
out this Act, and to remain available until expended, $500,000,000 for
each fiscal year beginning with fiscal year 2022.
SEC. 15. RULE OF CONSTRUCTION.
Nothing in section 230 of the Communications Act of 1934 (47 U.S.C.
230) may be construed to limit the application of, or to impair or
limit the enforcement of--
(1) this Act or a regulation issued under this Act; or
(2) section 6(b) of the Federal Trade Commission Act (15
U.S.C. 46(b)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Consumer Protection and Commerce.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line