,,ii #aafth ,,congress #ast ,session ,s4 #bcad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjai ,mr4 ,hawley introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit social media companies from using practices that exploit human psychology or brain physiology to substantially impede freedom of choice1 to require social media companies to take measures to mitigate the risks of internet addiction and psychological exploitation1 and for other purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,social ,media ,addiction ,reduction ,technology ,act or the ,,smart ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,the business model for many internet companies1 especially social media companies1 is to capture as much of their users' attention as possible4 7#b7 ,to achieve this end1 some of these internet companies design their platforms and services to exploit brain physiology and human psychology4 7#c7 ,by exploiting psychological and physiological vulnerabilities1 these design choices interfere with the free choice of users4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,content feed ,the term content feed means a service of a social media platform that aggregates and displays information such as text1 photos1 videos1 links1 and application activity provided by two or more users4 7#c7 ,social media company ,the term social media company means any person that operates a social media platform in interstate or foreign commerce4 7#d7 ,social media platform ,the term social media platform means any online electronic medium1 such as ,facebook1 ,instagram1 ,you,tube1 or ,twitter 7as such services existed in #bjai71 a live-chat system1 or an electronic dating service-- 7,a7 that primarily serves as a medium for users to interact with content generated by other third-party users of the medium2 7,b7 that enables users to create accounts or profiles specific to the medium or to import profiles from another medium2 and 7,c7 that enables one or more users to generate content that can be viewed by other third-party users of the medium4 7#e7 ,operator ,the term operator means any person who1 in interstate or foreign commerce1 operates a website on the internet1 an online service1 an online application1 or a mobile application4 #c4 ,prohibited practices for social media companies ,beginning #c months after the date of enactment of this ,act1 it shall be unlawful for a social media company to operate a social media platform that uses any of the following practices3 7#a7 ,infinite scroll or auto refill ,the use of a process that automatically loads and displays additional content1 other than music or video content that the user has prompted to play1 when a user approaches or reaches the end of loaded content without requiring the user to specifically request 7such as by pushing a button or clicking an icon1 but not by simply continuing to scroll7 that additional content be loaded and displayed4 7#b7 ,elimination of natural stopping points ,the use of a process that1 without the user expressly requesting additional content1 loads and displays more content into a content feed than the typical user scrolls through in #c minutes4 7#c7 ,autoplay ,the use of a process that automatically plays music or videos 7other than advertisements7 without an express1 separate prompt by the user 7such as pushing a button or clicking an icon71 unless-- 7,a7 before any content is loaded to the user's display1 that user or a different user compiled a playlist of multiple music videos or audio files that the user designated should be played without interruption1 and the immediate user selected one of the videos or files in that precompiled playlist2 or 7,b7 the predominant purpose of the social media platform is to allow users to stream music1 but only if the only files the platform automatically plays are audio files or advertisements4 7#d7 ,badges and other awards linked to engagement with the platform ,providing a user with an award for engaging with the social media platform 7such as a badge or other recognition of a user's level of engagement with the platform7 if such award does not substantially increase access to new or additional services1 content1 or functionality4 #d4 ,requirements for social media companies 7a7 ,in general ,beginning #f months after the date of enactment of this ,act1 it shall be unlawful for a social media company to operate a social media platform if the platform does not include a user-friendly interface that1 with respect to such platform and any other social media platform that is owned by the same social media company or a subsidiary of that company-- 7#a7 allows a user to set a time limit that blocks the user's own access to those platforms across all devices if the amount of time the user spends on those platforms within a certain period exceeds a time limit set by the user using #a-minute increments and1 at minimum1 allows the user to set such time limits for daily and weekly use2 7#b7 automatically limits the amount of time that a user may spend on those platforms across all devices to #cj minutes a day unless the user elects to adjust or remove the time limit and1 if the user elects to increase or remove the time limit1 resets the time limit to #cj minutes a day on the first day of every month2 7#c7 provides users with regular disclosures1 including immediate disclosures when prompted by the user1 of the amount of time the user has spent on those platforms across all devices1 broken down by day1 week1 month1 year1 and platform2 and 7#d7 displays a conspicuous pop-up to a user not less than once every #cj minutes that the user spends on those platforms1 regardless of whether the user spent the #cj minutes on multiple devices1 that shows how much time the user has spent on those platforms that day4 7b7 ,limitation ,subsection 7a7 shall not apply to any portion of a social media platform that consists only of a predominantly text-based1 direct message service such as email or a service that is substantially similar to email4 #e4 ,requirements for operators ,beginning #f months after the date of enactment of this ,act1 it shall be unlawful for an operator to operate an internet website1 online service1 online application1 or mobile application if the operator does not obtain the consent of users or allow users to select from among options in the following manner3 7#a7 ,neutral presentation ,if the operator requests that a user accept or consent to terms1 or anything similar-- 7,a7 by clicking an icon1 the operator shall present the user with an option to decline by clicking an icon that is identical to the other icon in terms of size1 shape1 font1 and other visual or auditory design1 except that the options need not be identical in color as long as the option to decline is conspicuously shaded differently than the immediate background color1 and such option to decline shall be placed before the option to consent as measured by the direction the language in which the option is written is conventionally read2 and 7,b7 by taking some other action to consent or accept1 the operator shall present the user with the option to decline by taking a similar1 equivalent action4 7#b7 ,no preselected options ,when an operator requests a user to make a selection from among options1 no option may be preselected4 #f4 ,commission report on internet addiction ,not less frequently than once every #c years1 the ,commission shall submit to ,congress a report on the issue of internet addiction and the processes through which social media companies and other internet companies1 by exploiting human psychology and brain physiology1 interfere with free choices of individuals on the internet 7including with respect to the amount of time individuals spend online74 #g4 ,powers of the ,commission 7a7 ,temporary joint rulemaking authority 7#a7 ,in general ,the ,commission and the ,secretary of ,health and ,human ,services 7referred to in this subsection as the ,secretary7 may jointly promulgate rules under this subsection to prohibit practices by social media companies and operators that exploit human psychology or brain physiology to substantially interfere with consumers' freedom of choice4 7#b7 ,procedure ,the ,commission and the ,secretary may jointly promulgate rules under this subsection in accordance with section #eec of title #e1 ,united ,states ,code4 7#c7 ,sunset ,no rule promulgated by the ,commission and the ,secretary under this subsection shall be effective for a period that is longer than #c years1 but no period of time during which the ,commission is enjoined from enforcing such a rule pursuant to a court order issuing an injunction against such rule or declaring such rule unlawful shall be counted against such #c-year period4 7#d7 ,report to ,congress ,with respect to any rule promulgated under this subsection1 #a year before such rule is scheduled to expire the ,commission and the ,secretary shall issue a report to ,congress explaining the basis for the rule and its importance and notifying ,congress of the date on which the rule will expire if ,congress does not enact the requirements of the rule into statutory law4 7b7 ,enforcement by the ,commission 7#a7 ,in general ,except as otherwise provided1 this ,act and the regulations prescribed under this ,act shall be enforced by the ,commission under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#b7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation prescribed under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#c7 ,actions by the ,commission ,except as provided in subsection 7c77#a71 the ,commission shall prevent any person from violating this ,act or a regulation prescribed under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act1 and any person who violates this ,act or a regulation prescribed under this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act or a regulation prescribed under this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 on behalf of residents of the ,state1 obtain damages1 statutory damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the ,commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation prescribed under this ,act1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4