,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gjad ,,in ,,the ,,house ,,of ,,representatives ,may #bf1 #bjbj,ms4 ,eshoo 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 from disseminating political advertisements which are targeted to an individual or to a group of individuals on any basis other than the recognized place in which the individual or group resides1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the 8,banning ,microtargeted ,political ,ads ,act04 #b4 ,restrictions on dissemination of targeted political advertisements by online platforms 7a7 ,restrictions 7#a7 ,in general ,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 ,restrictions on dissemination of targeted political advertisements by online platforms 7a7 ,restrictions on advertisements targeted at individuals or at specific groups of individuals 7#a7 ,restrictions ,a covered online platform or an agent1 affiliate1 vendor1 or other person acting on behalf of such a platform may not target the dissemination of a political advertisement on such platform to an individual or to a specific group of individuals on any basis4 7#b7 ,actions constituting targeting ,a covered online platform or an agent1 affiliate1 vendor1 or other person acting on behalf of such a platform shall be considered to target the dissemination of a political advertisement to an individual or to a specific group of individuals if such platform-- 7,a7 performs or causes to perform any computational process 7including one based on algorithmic models1 machine learning1 statistical analysis1 or other data processing or artificial intelligence techniques7 designed to transmit or display the advertisement to a subset of the users of such platform selected based on personal information pertaining to the individuals who make up the subset of users2 or 7,b7 allows another person to instruct a covered online platform to display the advertisement to a subset of the users of such platform1 including by providing to such platform a list of individuals1 contact information of individuals1 or other personal information that can be used to identify individuals4 7b7 ,exceptions 7#a7 ,targeting to individuals within recognized place ,subsection 7a7 does not apply to the targeting of the dissemination of a political advertisement to an individual residing in1 or to a device located in1 a recognized place4 7#b7 ,targeting to individuals giving express consent ,subsection 7a7 does not apply to the targeting of the dissemination of a political advertisement to an individual if-- 7,a7 the sponsor of the advertisement provides the covered online platform with a truthful written attestation that the individual has provided express affirmative consent to-- 7i7 receive a targeted political advertisement from the sponsor2 and 7ii7 allow the sponsor to disclose personal information pertaining to the individual to another person for the purpose of advertising2 7,b7 the attestation includes a statement affirming that the consent provided by the individual was freely given1 specific1 informed1 unambiguous1 not received through or by the aid of the covered online platform1 and has not been revoked by such individual2 and 7,c7 the sponsor certifies to the platform that the sponsor permits an individual who provides consent to easily revoke such consent4 7c7 ,rules of construction 7#a7 ,targeting on random basis ,nothing in subsection 7a7 shall be construed to prohibit the dissemination of a political advertisement to an individual or to a specific group of individuals on a random basis1 including on a random basis under any of the exceptions described in subsection 7b74 7#b7 ,rule of construction for opt-outs ,nothing in subsection 7b7 shall be construed to require or authorize a covered online platform1 a sponsor of a political advertisement1 or an agent1 affiliate1 vendor1 or other person acting on behalf of such a platform or sponsor to disseminate a political advertisement to an individual who has opted out of receiving a political advertisement or any other form of communication from the platform1 the sponsor1 or any agent1 affiliate1 vendor1 or other person acting on behalf of the platform or sponsor1 including opting out of receiving a specific type of advertisement or communication1 an advertisement or communication from a particular sponsor1 or any other opt-out preference4 7d7 ,private right of action 7#a7 ,enforcement by individuals 7,a7 ,in general ,any person alleging a violation of this section by a covered online platform may bring a civil action in any court of competent jurisdiction1 ,state or ,federal4 7,b7 ,relief ,in a civil action brought under this paragraph in which the plaintiff prevails1 the court may award-- 7i7 an amount not less than #ajj and not greater than #a1jjj per violation against any person who negligently violates a provision of this section2 7ii7 an amount not less than #ejj and not greater than #e1jjj per violation against any person who recklessly1 willfully1 or intentionally violates a provision of this section2 7iii7 reasonable attorney's fees and litigation costs2 and 7iv7 any other relief1 including equitable or declaratory relief1 that the court determines appropriate4 7,c7 ,injury in fact ,a violation of this section constitutes a concrete and particularized injury in fact to an individual4 7#b7 ,invalidity of pre-dispute arbitration agreements and pre-dispute joint action waivers 7,a7 ,in general ,notwithstanding any other provision of law1 no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a dispute arising under this section4 7,b7 ,applicability ,any determination as to whether or how this subsection applies to any dispute shall be made by a court1 rather than an arbitrator1 without regard to whether such agreement purports to delegate such determination to an arbitrator4 7,c7 ,definitions ,in this subsection3 7i7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement4 7ii7 ,pre-dispute joint-action waiver ,the term pre-dispute joint-action waiver means an agreement1 whether or not part of a pre-dispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administration1 or other forum1 concerning a dispute that has not yet arisen at the time of making the agreement4 7iii7 ,dispute ,the term dispute means any claim related to an alleged violation of this section and between an individual and a covered organization4 7e7 ,definitions ,in this section3 7#a7 ,covered online platform ,the term covered online platform means any website1 web application1 mobile application1 smart device application1 digital application 7including a social network1 or search engine71 or advertising network 7including a network disseminating advertisements on another website1 web application1 mobile application1 smart device application1 or digital application7 that receives payment to disseminate political advertisements1 except that such term does not include a website1 application1 or network 7in combination with any subsidiaries and affiliates of such a website1 application1 or network7 that1 during the #ab-month period ending on the date of the dissemination of the political advertisement involved1 collected or processed personal information pertaining to fewer than #ej1jjj1jjj individuals4 7#b7 ,indian lands 7,a7 ,indian lands ,in this section1 the term ,indian lands includes-- 7i7 any ,indian country of an ,indian ,tribe1 as defined under section #aaea of title #ah1 ,united ,states ,code2 7ii7 any land in ,alaska owned1 pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq471 by an ,indian ,tribe that is a ,native village 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb77 or by a ,village ,corporation that is associated with an ,indian ,tribe 7as defined in section #c of that ,act 7#dc ,u4,s4,c4 #afjb772 7iii7 any land on which the seat of the ,tribal ,government is located2 and 7iv7 any land that is part or all of a ,tribal designated statistical area associated with an ,indian ,tribe1 or is part or all of an ,alaska ,native village statistical area associated with an ,indian ,tribe1 as defined by the ,census ,bureau for the purposes of the most recent decennial census4 7,b7 ,other definitions ,in subparagraph 7,a7-- 7i7 the term ,indian has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7ii7 the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 and 7iii7 the term ,tribal ,government means the recognized governing body of an ,indian ,tribe4 7#c7 ,personal information ,the term personal information means any information that is linked or reasonably linkable to a specific individual or a specific device1 including de-identified information4 7#d7 ,political advertisement ,the term political advertisement means-- 7,a7 an electioneering communication 7as defined in section #cjd7;f77#c772 7,b7 an independent expenditure2 or 7,c7 a public communication that refers to a clearly identified candidate for ,federal office 7regardless of whether a candidate for ,state or local office is also mentioned or identified7 and that promotes or supports a candidate for that office1 or attacks or opposes a candidate for that office 7regardless of whether the communication expressly advocates a vote for or against a candidate74 7#e7 ,recognized place ,the term recognized place means any of the following3 7,a7 ,each ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7,b7 ,indian lands4 7,c7 ,a county1 municipality1 city1 town1 township1 village1 borough1 or similar unit of general government that is-- 7i7 incorporated pursuant to a ,state law2 or 7ii7 is an incorporated place 7as such term is defined in the most recent glossary of the ,census ,bureau74 7,d7 ,a census designated place 7as such term is defined in the most recent glossary of the ,census ,bureau74 7,e7 ,a congressional district4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect #c months after the date of the enactment of this ,act4 7b7 ,expansion of certain definitions 7#a7 ,expansion of the definition of electioneering communication 7,a7 ,application to qualified internet and digital communications 7i7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified internet or digital communication4 7ii7 ,qualified internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,qualified internet or digital communication ,the term qualified internet or digital communication means any communication which is placed or promoted for a fee on a covered online platform 7as defined in section #cbe7;e774 4 7,b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7,c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 7#b7 ,expansion of the definition of public communication ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication1 paid promotion4 7#c7 ,effective date ,the amendments made by this subsection shall apply with respect to communications made on or after the expiration of the #c-month period which begins on the date of the enactment of this ,act4