,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gjab ,,in ,,the ,,house ,,of ,,representatives ,may #bf1 #bjbj,mr4 ,cicilline 7for himself1 ,mr4 ,casten of ,illinois1 ,mr4 ,hastings1 ,mrs4 ,hayes1 ,mr4 ,johnson of ,georgia1 and ,mr4 ,lynch7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to prohibit online platforms and certain intermediaries from targeting the dissemination of political advertisements to a specific group of individuals on the basis of online behavioral data or on the basis of demographic characteristics shared by members of the group1 to require online platforms and certain intermediaries to maintain public records of certain political advertisements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,democracy ,from ,disinformation ,act4 #b4 ,requirements for political advertisements disseminated by online platforms or arranged for dissemination by certain intermediaries 7a7 ,requirements ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,requirements for political advertisements disseminated by online platforms or arranged for dissemination by certain intermediaries 7a7 ,restrictions on microtargeting 7#a7 ,restrictions on advertisements targeted at group of individuals on basis of online behavioral data 7,a7 ,in general ,except as provided in paragraph 7#c71 a covered online platform may not target the dissemination of a qualified political advertisement1 and a covered intermediary may not arrange for the dissemination of a qualified political advertisement1 to a specific group of individuals on the basis of any online behavioral data of such individuals4 7,b7 ,special rule for dissemination to individuals on list provided by sponsor of advertisement 7i7 ,in general ,a covered online platform which targets the dissemination of a qualified political advertisement to a specific group of individuals on a list provided by the sponsor of the advertisement1 and a covered intermediary which arranges for the dissemination of a qualified political advertisement to a specific group of individuals on a list provided by the sponsor of the advertisement1 shall not be considered to be in violation of this paragraph if the platform or intermediary made a good faith effort to ensure that individuals are not included on the list on the basis of their online behavioral data4 7ii7 ,safe harbor for platforms and intermediaries requiring certification by advertiser ,for purposes of clause 7i71 a covered online platform and a covered intermediary shall be considered to have made a good faith effort to ensure that the individuals on a list provided by the sponsor of a qualified political advertisement are not included on the list on the basis of their online behavioral data if the platform or intermediary requires the advertiser to certify that each individual on the list subscribed to the list or consented to being included on the list4 7,c7 ,online behavioral data defined ,in this paragraph1 the term online behavioral data means1 with respect to an individual1 information that is tracked1 collected1 or maintained about an individual's actions or activities online1 including information relating to an individual's activity across businesses1 distinctly branded websites1 applications1 or services1 but does not include information relating to an individual's activity with a business1 distinctly branded website1 application1 or service with which the individual intentionally interacts4 7#b7 ,restrictions on advertisements targeted at group of individuals on basis of shared demographic characteristic 7,a7 ,in general ,except as provided in paragraph 7#c71 a covered online platform may not target the dissemination of a qualified political advertisement1 and a covered intermediary may not arrange for the dissemination of a qualified political advertisement1 to a specific group of individuals on the basis of any demographic characteristic shared by members of such group unless-- 7i7 the demographic characteristic is described in subparagraph 7,b72 and 7ii7 in the case of a covered online platform1 the platform disseminates with the advertisement the accompanying statement described in paragraph 7#d74 7,b7 ,demographic characteristics described ,the demographic characteristics described in this subparagraph with respect to a group of individuals are the following3 7i7 ,the age of the members of the group4 7ii7 ,the gender of the members of the group4 7iii7 ,the geographic area in which the members of the group reside1 except that such area may not be smaller than the ,,zip ,code in which the members of the group reside4 7,c7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to prohibit a covered online platform or a covered intermediary from using online behavioral data 7as described in such paragraph7 with respect to an individual to determine the demographic characteristics described in subparagraph 7,b7 which apply to such individual4 7#c7 ,exception for targeting on a contextual basis 7,a7 ,exception ,paragraphs 7#a7 and 7#b7 do not apply if-- 7i7 a covered online platform targets the dissemination of a qualified political advertisement1 or a covered intermediary arranges for the dissemination of a qualified political advertisement1 to a specific group of individuals on a contextual basis as described in subparagraph 7,b72 and 7ii7 in the case of a covered online platform1 the platform disseminates with the advertisement the accompanying statement described in paragraph 7#d74 7,b7 ,dissemination of advertisements on contextual basis ,for purposes of subparagraph 7,a71 a covered online platform disseminates a qualified political advertisement on a contextual basis1 and a covered intermediary arranges for the dissemination of a qualified political advertisement on a contextual basis1 if the advertisement involved is disseminated solely on the basis of the content that the individual is viewing on the covered online platform at the same time the advertisement appears on the covered online platform and is not otherwise disseminated on the basis of online behavioral data with respect to such individual4 7#d7 ,accompanying statement described 7,a7 ,in general ,the accompanying statement described in this paragraph is1 with respect to a qualified political advertisement1 a statement made in a clear and conspicuous manner which states that the dissemination of the advertisement is targeted to a specific group of individuals and which includes-- 7i7 in the case of the statement required under paragraph 7#b77;,a71 a description of the demographic characteristic on which the group was targeted2 and 7ii7 in the case of the statement required under paragraph 7#c77;,a71 a description of the content on which the dissemination of the advertisement is based4 7,b7 ,safe harbor for determining clear and conspicuous manner ,for purposes of subparagraph 7,a71 a statement shall be considered to be made in a clear and conspicuous manner if the statement is displayed onscreen above the qualified political advertisement in the format in which the advertisement appears4 7#e7 ,availability of private right of action 7,a7 ,right to file action ,an aggrieved person alleging a violation of this subsection may bring a civil action against any covered online platform or covered intermediary in an appropriate district court for damages1 declaratory1 injunctive relief1 or any other relief the court deems appropriate with respect to the violation4 7,b7 ,damages 7i7 ,if the court finds that the defendant violated this subsection or the regulations prescribed under this subsection1 the court may1 in its discretion1 award up to #ajj1jjj in damages to plaintiff per violation4 7ii7 ,if the court finds that the defendant knowingly and willfully violated this subsection or the regulations prescribed under this subsection1 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount per violation available under clause 7i74 7,c7 ,attorney's fees ,in a civil action under this paragraph1 the court may allow the prevailing party 7other than the ,united ,states7 reasonable attorney fees1 including litigation expenses1 and costs4 7,d7 ,relation to other remedies ,the remedy established by this paragraph is in addition to all other rights and remedies provided under this ,act4 7,e7 ,injury in fact ,if a court finds that the defendant violated this section1 the court shall find that such violation constitutes a concrete and particularized injury in fact to the plaintiff4 7,f7 ,treatment of mandatory predispute arbitration agreements and predispute joint action waivers ,any agreement to arbitrate an alleged dispute of this subsection that has not yet arisen at the time of making the agreement or any agreement that would otherwise prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collection action in federal court1 concerning a dispute due to an alleged violation of this subsection that has not yet arisen at the time of making the agreement shall be deemed invalid and unenforceable for purposes of civil action arising out of an alleged violation of this subsection1 notwithstanding any other provision of law4 7b7 ,maintenance of records of qualified political advertisements 7#a7 ,in general 7,a7 ,requirements for online platforms and covered intermediaries 7i7 ,records of requests to purchase advertisements ,a covered online platform and a covered intermediary shall maintain1 and make available for online public inspection in a machine readable format which is searchable on the basis of any of the information described in paragraph 7#b71 a complete record of any request to purchase on such platform 7or1 in the case of a covered intermediary1 of any request to purchase an arrangement for the dissemination by the intermediary of7 a qualified political advertisement which is made by a person the value of whose aggregate requests to purchase qualified political advertisements on such online platform or to purchase arrangements for the dissemination of qualified political advertisements by the intermediary 7as the case may be7 during the calendar year exceeds #ejj4 7ii7 ,assignment of unique identification number ,the covered online platform and the covered intermediary shall assign a unique identification number to each person described in clause 7i71 and shall use that same number with respect to all information relating to such person which is included in the record the platform or intermediary maintains and makes available under this subsection4 ,if the person is a candidate1 the platform or intermediary shall assign to the person the same identification number assigned to the person by the ,commission for purposes of filing reports under this ,act4 7,b7 ,requirements for advertisers 7i7 ,provision of information ,any person who requests to purchase a qualified political advertisement on a covered online platform1 or who requests to purchase an arrangement for the dissemination of a qualified political advertisement by a covered intermediary1 shall provide the online platform or intermediary with such information as is necessary for the online platform or intermediary to comply with the requirements of subparagraph 7,a74 7ii7 ,assistance from platforms ,each covered online platform and covered intermediary shall provide such assistance as may be required to enable a person to provide the platform or intermediary with the information required under clause 7i74 7#b7 ,contents of record ,a record maintained under paragraph 7#a77;,a7 shall contain-- 7,a7 the unique identification number assigned under such paragraph to the person making the request 7and1 if the person is a candidate1 a statement that such number is the same identification number assigned to the person by the ,commission for purposes of filing reports under this ,act72 7,b7 a digital copy of the qualified political advertisement2 7,c7 a description of the advertisement's targeted audience1 including information on the audience's age1 gender1 and geographic location2 7,d7 a description of the advertisement's audience as predicted by an algorithm1 including information on the audience's age1 gender1 geographic location1 race1 ethnicity1 and political affiliation1 except that a covered online platform or a covered intermediary may exclude this information from the record maintained under paragraph 7#a77;,a7 with respect to an advertisement if the platform or intermediary does not1 in the ordinary course of business1 collect such information with respect to such an advertisement2 7,e7 a description of the advertisement's actual audience as determined on the basis of data provided in an online platform user's profile1 including information on the audience's age1 gender1 geographic location1 race1 ethnicity1 and political affiliation1 except that a covered online platform or a covered intermediary may exclude this information from the record maintained under paragraph 7#a77;,a7 with respect to an advertisement if the platform or intermediary does not1 in the ordinary course of business1 collect such information with respect to such an advertisement2 7,f7 the number of views generated from the advertisement2 7,g7 the date and time that the advertisement is first displayed and last displayed2 and 7,h7 information regarding-- 7i7 the average rate charged for the advertisement2 7ii7 the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election1 the election to which the advertisement refers1 or the national legislative issue to which the advertisement refers 7as applicable72 and 7iii7 the amount such person budgeted for the purchase of the advertisement on the platform1 as well as the amount such person paid for the purchase of the advertisement on the platform4 7#c7 ,time to maintain file ,the information required under this subsection shall be made available as soon as possible and shall be retained by the covered online platform or covered intermediary for a period of not less than #d years4 7#d7 ,safe harbor for platforms and intermediaries making best efforts to identify requests which are subject to record maintenance requirements 7,a7 ,availability of safe harbor ,in accordance with rules established by the ,commission1 if a covered online platform or covered intermediary shows that the platform or intermediary used best efforts to determine whether or not a request to purchase a qualified political advertisement or a request to purchase an arrangement for the dissemination of a qualified political advertisement 7as the case may be7 was subject to the requirements of this subsection1 the platform or intermediary shall not be considered to be in violation of such requirements4 7,b7 ,special rules for disbursement paid with credit card ,for purposes of subparagraph 7,a71 a covered online platform or a covered intermediary shall be considered to have used best efforts in the case of a purchase of a qualified political advertisement1 or a purchase of an arrangement for the dissemination of a qualified political advertisement 7as the case may be71 which is made with a credit card if-- 7i7 the individual or entity making such purchase is required1 at the time of making such purchase1 to disclose the credit verification value of such credit card2 and 7ii7 the billing address associated with such credit card is located in the ,united ,states or1 in the case of a purchase made by an individual who is a ,united ,states citizen living outside of the ,united ,states1 the individual provides the platform or intermediary with the ,united ,states mailing address the individual uses for voter registration purposes4 7c7 ,covered online platform defined ,in this section1 the term covered online platform means any public facing website1 web application1 or digital application 7including a social network or search engine7 which sells qualified political advertisements and has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months1 except that such term does not include a website or application that displays qualified political advertisements solely pursuant to an arrangement entered into with a covered intermediary between the website or application and the sponsor of the qualified political advertisement4 7d7 ,covered intermediary defined ,in this section1 the term covered intermediary means a digital advertising platform or advertising system 7including an ad server1 ad network1 ad exchange1 and any other advertising technology intermediary7 which participates in the delivery of #ajj1jjj1jjj advertisements that can be viewed in the ,united ,states for a majority of months during the preceding #ab months4 7e7 ,qualified political advertisement defined ,in this section1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7#a7 is made by or on behalf of a candidate2 or 7#b7 communicates a message relating to any political matter of national importance1 including-- 7,a7 a candidate2 7,b7 any election to ,federal office2 or 7,c7 a national legislative issue of public importance4 4 7b7 ,enhanced criminal penalty for violations ,section #cji7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;d77#a77 is amended by adding at the end the following new subparagraph3 7,e7 ,any covered online platform or covered intermediary1 or an officer or director of a covered online platform or covered intermediary1 who knowingly and willfully commits a violation of section #cbe shall be imprisoned not more than #e years1 fined under title #ah1 ,united ,states ,code1 or both4 4 7c7 ,rulemaking 7#a7 ,responsibilities of ,federal ,election ,commission ,not later than #ij days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall establish rules-- 7,a7 regarding the definition of any term whose definition is set forth in section #cbe of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a772 7,b7 regarding the restrictions established under section #cbe7;a7 of such ,act 7as added by subsection 7a77 on targeting the dissemination of qualified political advertisements to a specific group of individuals on the basis of any demographic characteristic shared by members of such group1 including establishing the criteria for the safe harbors described in paragraphs 7#a77;,b77ii7 and 7#d77;,b7 of such section2 7,c7 requiring common data formats for the record required to be maintained under section #cbe7;b7 of such ,act 7as added by subsection 7a77 so that all online platforms and intermediaries submit and maintain data online in a common1 machine-readable and publicly accessible format2 7,d7 establishing search interface requirements relating to such record1 including searches by candidate name1 issue1 purchaser1 and date2 and 7,e7 establishing the criteria for the safe harbor exception provided under paragraph 7#d7 of section #cbe7;b7 of such ,act 7as added by subsection 7a774 7#b7 ,revision ,after the ,commission first establishes rules pursuant to this subsection1 the ,commission shall revise the rules every #e years thereafter4 7d7 ,reporting ,not later than #b years after the date of the enactment of this ,act1 and biannually thereafter1 the ,chairman of the ,federal ,election ,commission shall submit a report to ,congress on-- 7#a7 matters relating to compliance with and the enforcement of the requirements of section #cbe7;b7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a72 7#b7 recommendations for any modifications to such section to assist in carrying out its purposes2 and 7#c7 identifying ways to bring transparency and accountability to political advertisements distributed online for free4 7e7 ,effective date ,the amendments made by this section shall apply with respect to qualified political advertisements disseminated after the expiration of the #abj-;day period which begins on the date of the enactment of this ,act4