,,ii  #aafth ,,congress  #ast ,session  
,s4 #ajhd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #i1     
#bjai,mr4 ,warner 7for himself and ,mrs4
 ,fischer7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to prohibit the usage of exploitative
 and deceptive practices by large online
 operators and to promote consumer      
welfare in the use of behavioral        
research by such providers4  #a4 ,short 
title ,this ,act may be cited as the    
,deceptive ,experiences ,to ,online     
,users ,reduction ,act or the ,,detour  
,act4  #b4 ,definitions ,in this ,act3  
7#a7 ,behavioral or psychological       
experiments or research ,the term       
behavioral or psychological experiments 
or research means the study1 including  
through human experimentation1 of overt 
or observable actions and mental        
phenomena inferred from behavior1       
including interactions between and among

 individuals and the activities of      
social groups4  7#b7 ,commission ,the   
term ,commission means the ,federal     
,trade ,commission4  7#c7 ,compulsive   
usage ,the term compulsive usage means  
any response stimulated by external     
factors that causes an individual to    
engage in repetitive1 purposeful1 and   
intentional behavior causing            
psychological distress1 loss of control1
 anxiety1 depression1 or harmful stress 
responses4  7#d7 ,independent review    
board ,the term independent review board
 means a board1 committee1 or other     
group formally designated by a large    
online operator to review1 to approve   
the initiation of1 and to conduct       
periodic review of1 any research by1 or 
at the direction or discretion of a     
large online operator1 involving human  
subjects4  7#e7 ,informed consent ,the  
term informed consent-- 7,a7 means a    
process by which a research subject is  
provided adequate information prior to  
being included in any experiment or     

study to allow for an informed decision 
about voluntary participation in a      
behavioral or psychological research    
experiment or study1 while ensuring the 
understanding of the potential          
participant of the furnished information
 and any associated benefits1 risks1 or 
consequences of participation prior to  
obtaining the voluntary agreement to    
participate by the participant2 and     
7,b7 does not include-- 7i7 the consent 
of an individual under the age of #ac2  
or  7ii7 the consent to a provision     
contained in a general contract or      
service agreement4  7#f7 ,large online  
operator ,the term large online operator
 means any person that-- 7,a7 provides  
an online service2  7,b7 has more than  
#ajj1jjj1jjj authenticated users of an  
online service in any #cj-;day period2  
and  7,c7 is subject to the jurisdiction
 of the ,commission under the ,federal  
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq474  7#g7 ,online service ,the
 term online service means a website or 

a service1 other than an internet access
 service1 that is made available to the 
public over the internet1 including a   
social network1 a search engine1 or     
email service4  7#h7 ,user data ,the    
term user data means any information    
relating to an identified or            
identifiable individual user1 whether   
directly submitted to the large online  
operator by the user1 or derived from   
the observed activity of the user by the
 large online operator4  #c4 ,unfair and
 deceptive acts and practices relating  
to the manipulation of user interfaces  
7a7 ,conduct prohibited  7#a7 ,in       
general ,it shall be unlawful for any   
large online operator-- 7,a7 to design1 
modify1 or manipulate a user interface  
with the purpose or substantial effect  
of obscuring1 subverting1 or impairing  
user autonomy1 decision-making1 or      
choice to obtain consent or user data2  
7,b7 to subdivide or segment consumers  
of online services into groups for the  
purposes of behavioral or psychological 

experiments or studies1 except with the 
informed consent of each user involved2 
or  7,c7 to design1 modify1 or          
manipulate a user interface on a website
 or online service1 or portion thereof1 
that is directed to an individual under 
the age of #ac1 with the purpose or     
substantial effect of cultivating       
compulsive usage1 including video       
auto-play functions initiated without   
the consent of a user4  7b7 ,duties of  
large online operators ,any large online
 operator that engages in any form of   
behavioral or psychological research    
based on the activity or data of its    
users shall-- 7#a7 disclose to its users
 on a routine basis1 but not less than  
once each #ij days1 any experiments or  
studies that user was subjected to or   
enrolled in with the purpose of         
promoting engagement or product         
conversion2  7#b7 disclose to the public
 on a routine basis1 but not less than  
once each #ij days1 any experiments or  
studies with the purposes of promoting  

engagement or product conversion being  
currently undertaken1 or concluded since
 the prior disclosure2  7#c7 shall      
present the disclosures in paragraphs   
7#a7 and 7#b7 in a manner that-- 7,a7 is
 clear1 conspicuous1                    
context-appropriate1 and easily         
accessible2 and  7,b7 is not deceptively
 obscured2  7#d7 establish an           
,independent ,review ,board for any     
behavioral or psychological research1 of
 any purpose1 conducted on users or on  
the basis of user activity or data1     
which shall review and have authority to
 approve1 require modification in1 or   
disapprove all behavioral or            
psychological experiments or research2  
and  7#e7 ensure that any ,independent  
,review ,board established under        
paragraph 7#d7 shall register with the  
,commission1 including providing to the 
,commission-- 7,a7 the names and resumes
 of every board member2  7,b7 the       
composition and reporting structure of  
the ,board to the management of the     

operator2  7,c7 the process by which the
 ,board is to be notified of proposed   
studies or modifications along with the 
processes by which the board is capable 
of vetoing or amending such proposals2  
7,d7 any compensation provided to board 
members2 and  7,e7 any conflict of      
interest that might exist concerning a  
board member's participation in the     
,board4  7c7 ,registered professional   
standards body  7#a7 ,in general ,an    
association of large online operators   
may register as a professional standards
 body by filing with the ,commission an 
application for registration in such    
form as the ,commission1 by rule1 may   
prescribe containing the rules of the   
association and such other information  
and documents as the ,commission1 by    
rule1 may prescribe as necessary or     
appropriate in the public interest or   
for protecting the welfare of users of  
large online operators4  7#b7           
,professional standards body ,an        
association of large online operators   

may not register as a professional      
standards body unless the ,commission   
determines that-- 7,a7 the association  
is so organized and has the capacity to 
enforce compliance by its members and   
persons associated with its members1    
with the provisions of this ,act2  7,b7 
the rules of the association provide    
that any large online operator may      
become a member of such association2    
7,c7 the rules of the association assure
 a fair representation of its members in
 the selection of its directors and     
administration of its affairs and       
provide that one or more directors shall
 be representative of users and not be  
associated with1 or receive any direct  
or indirect funding from1 a member of   
the association or any large online     
operator2  7,d7 the rules of the        
association are designed to prevent     
exploitative and manipulative acts or   
practices1 to promote transparent and   
fair principles of technology           
development and design1 to promote      

research in keeping with best practices 
of study design and informed consent1   
and to continually evaluate industry    
practices and issue binding guidance    
consistent with the objectives of this  
,act2  7,e7 the rules of the association
 provide that its members and persons   
associated with its members shall be    
appropriately disciplined for violation 
of any provision of this ,act1 the rules
 or regulations thereunder1 or the rules
 of the association1 by expulsion1      
suspension1 limitation of activities1   
functions1 fine1 censure1 being         
suspended or barred from being          
associated with a member1 or any other  
appropriate sanction2 and  7,f7 the     
rules of the association are in         
accordance with the provisions of this  
,act1 and1 in general1 provide a fair   
procedure for the disciplining of       
members and persons associated with     
members1 the denial of membership to any
 person seeking membership therein1 the 
barring of any person from becoming     

associated with a member thereof1 and   
the prohibition or limitation by the    
association of any person with respect  
to access to services offered by the    
association or a member thereof4  7#c7  
,responsibilities and activities  7,a7  
,bright-line rules ,an association shall
 develop1 on a continuing basis1        
guidance and bright-line rules for the  
development and design of technology    
products of large online operators      
consistent with subparagraph 7,b74  7,b7
 ,safe harbors ,in formulating guidance 
under subparagraph 7,a71 the association
 shall define conduct that does not have
 the purpose or substantial effect of   
subverting or impairing user autonomy1  
decision-making1 or choice1 or of       
cultivating compulsive usage for        
children such as-- 7i7 de minimis user  
interface changes derived from testing  
consumer preferences1 including         
different styles1 layouts1 or text1     
where such changes are not done with the
 purpose of obtaining user consent or   

user data2  7ii7 algorithms or data     
outputs outside the control of a large  
online operator or its affiliates2 and  
7iii7 establishing default settings that
 provide enhanced privacy protection to 
users or otherwise enhance their        
autonomy and decision-making ability4   
7d7 ,enforcement by the ,commission     
7#a7 ,unfair or deceptive acts or       
practice ,a violation of subsection 7a7 
or 7b7 shall be treated as a violation  
of a rule defining an unfair or         
deceptive act or practice under section 
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b774  7#b7 ,determination
 ,for purposes of enforcement of this   
,act1 the ,commission shall determine an
 act or practice is unfair or deceptive 
if the act or practice-- 7,a7 has the   
purpose1 or substantial effect1 of      
subverting or impairing user autonomy1  
decision-making1 or choice to obtain    
consent or user data2 or  7,b7 has the  
purpose1 or substantial effect1 of      

cultivating compulsive usage by a child 
under #ac4  7#c7 ,regulations ,not later
 than #a year after the date of         
enactment of this ,act1 the ,commission 
shall promulgate regulations under      
section #eec of title #e1 ,united       
,states ,code1 that-- 7,a7 establish    
rules and procedures for obtaining the  
informed consent of users2  7,b7        
establish rules for the registration1   
formation1 oversight1 and management of 
the independent review boards1 including
 standards that ensure effective        
independence of such entities from      
improper or undue influence by a large  
online operator2  7,c7 establish rules  
for the registration1 formation1        
oversight1 and management of            
professional standards bodies1 including
 procedures for the regular oversight of
 such bodies and revocation of their    
designation2 and  7,d7 in consultation  
with a professional standards body      
established under subsection 7c71 define
 conduct that does not have the purpose 

or substantial effect of subverting or  
impairing user autonomy1                
decision-making1 or choice1 or of       
cultivating compulsive usage for        
children such as-- 7i7 de minimis user  
interface changes derived from testing  
consumer preferences1 including         
different styles1 layouts1 or text1     
where such changes are not done with the
 purpose of obtaining user consent or   
user data2  7ii7 algorithms or data     
outputs outside the control of a large  
online operator or its affiliates2 and  
7iii7 establishing default settings that
 provide enhanced privacy protection to 
users or otherwise enhance their        
autonomy and decision-making ability4   
7#d7 ,safe harbor ,the ,commission may  
not bring an enforcement action under   
this ,act against any large online      
operator that relied in good faith on   
the guidance of a professional standards
 body4