,,ii  #aafth ,,congress  #b;d ,session  
,s4 #djff  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bd1     
#bjbj,mr4 ,schatz 7for himself and ,mr4 
,thune7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to require 
transparency1 accountability1 and       
protections for consumers online4  #a4  
,short title ,this ,act may be cited as 
the ,platform ,accountability and       
,consumer ,transparency ,act or the     
,,pact ,act4  #b4 ,definitions ,in this 
,act3 7#a7 ,commission ,except as       
otherwise provided1 the term ,commission
 means the ,federal ,trade ,commission4 
7#b7 ,demonetize ,the term demonetize1  
with respect to content on an           
interactive computer service1 means to  
take action to prohibit the information 
content provider that generated or      
disseminated the content from receiving 
financial benefit based on the content4 
7#c7 ,deprioritize ,the term            

deprioritize1 with respect to content on
 an interactive computer service1 means 
to take action or use certain techniques
 to reduce the priority level of the    
content in response to potentially      
policy-violating content4  7#d7 ,illegal
 activity ,the term illegal activity    
means activity conducted by an          
information content provider that has   
been determined by a ,federal or ,state 
court to violate ,federal criminal or   
civil law4  7#e7 ,illegal content ,the  
term illegal content means information  
provided by an information content      
provider that has been determined by a  
,federal or ,state court to violate--   
7,a7 ,federal criminal or civil law2 or 
7,b7 ,state defamation law4  7#f7       
,interactive computer service ,the term 
interactive computer service has the    
meaning given the term in section #bcj  
of the ,communications ,act of #aicd    
7#dg ,u4,s4,c4 #bcj74  7#g7 ,information
 content provider ,the term information 
content provider has the meaning given  

the term in section #bcj of the         
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74  7#h7 ,potentially     
policy-violating content ,the term      
potentially policy-violating content    
means content that may violate the      
acceptable use policy of the provider of
 an interactive computer service4  7#i7 
,small business provider ,the term small
 business provider means a provider of  
an interactive computer service that1   
during the most recent #bd-month        
period-- 7,a7 received fewer than       
#a1jjj1jjj monthly active users or      
monthly visitors2 and  7,b7 accrued     
revenue of less than #be1jjj1jjj4  #c4  
,findings ,congress finds the following3
 7#a7 ,technological advancements       
involving the internet and interactive  
computer service providers have led to  
innovations that offer substantial      
benefit to the people and the economy of
 the ,united ,states4  7#b7 ,people in  
the ,united ,states increasingly rely on
 the internet and other interactive     

computer services to communicate1 gather
 information1 and conduct transactions  
that are central to many aspects of     
economic1 political1 social1 and        
cultural life4  7#c7 ,the decisions made
 by providers of interactive computer   
services shape the online information   
ecosystem available to people in the    
,united ,states and impact the          
environment for free expression4  7#d7  
,the people of the ,united ,states      
benefit from understanding the choices  
that interactive computer service       
providers make in maintaining their     
services1 including by removing1        
blocking1 amplifying1 or otherwise      
modifying information provided by other 
users4  7#e7 ,online consumers are not  
adequately protected in the ,united     
,states because1 with the exception of  
,federal criminal statutes1 providers of
 interactive computer services are      
immune from the enforcement of most     
,federal statutes and regulations4  7#f7
 ,federal and ,state court decisions and

 ,federal statutes and regulations that 
apply to offline commerce do not always 
govern online commerce and              
communications4  7#g7 ,the rights of    
consumers should extend to online       
commerce and communications to provide a
 level playing field for all consumers  
and companies1 and to prevent wrongdoing
 and victimization of people in the     
,united ,states4  #d4 ,policy ,it is the
 policy of the ,united ,states-- 7#a7 to
 preserve the internet and other        
interactive computer services as forums 
for diversity of political discourse1   
unique opportunities for cultural       
development1 and myriad avenues for     
intellectual and commercial activity2   
7#b7 to ensure consumers have easily    
accessible and clear information about  
the acceptable use policies of          
interactive computer services to inform 
consumer decisions on participation in1 
or engagement with1 those services      
through accountability and transparency 
measures2  7#c7 to encourage the        

development and use of technologies that
 minimize illegal activities and content
 and potentially policy-violating       
content2 and  7#d7 to ensure that the   
consumer rights of users of interactive 
computer services are maintained and    
extended to activities that the users   
may participate in online4  #e4         
,transparency and process requirements  
7a7 ,acceptable use policy  7#a7        
,publication of acceptable use policy ,a
 provider of an interactive computer    
service shall publish an acceptable use 
policy in accordance with paragraph 7#b7
 in a location that is easily accessible
 to the user4  7#b7 ,contents of policy 
,the acceptable use policy of a provider
 of an interactive computer service     
shall-- 7,a7 reasonably inform users    
about the types of content that are     
allowed on the interactive computer     
service2  7,b7 explain the steps the    
provider takes to ensure content        
complies with the acceptable use policy2
  7,c7 explain the means by which users 

can notify the provider of potentially  
policy-violating content1 illegal       
content1 or illegal activity1 which     
shall include-- 7i7 subject to          
subsection 7e71 making available a live 
company representative to take user     
complaints through a toll-free telephone
 number during regular business hours   
for not fewer than #h hours per day and 
#e days per week2  7ii7 an email address
 or relevant intake mechanism to handle 
user complaints2 and  7iii7 a complaint 
system described in subsection 7b72 and 
7,d7 include publication of a quarterly 
transparency report outlining actions   
taken to enforce the policy1 as         
described in subsection 7d74  7b7       
,complaint system ,a provider of an     
interactive computer service shall      
provide a system that is easily         
accessible to a user through which the  
user may submit a complaint in good     
faith and track the status of the       
complaint1 including a complaint        
regarding-- 7#a7 potentially            

policy-violating content1 illegal       
content1 or illegal activity2 or  7#b7 a
 decision of the interactive computer   
service provider to remove content      
posted by the information content       
provider4  7c7 ,processing of complaints
  7#a7 ,complaints regarding illegal    
content1 illegal activity1 or           
potentially policy-violating content    
7,a7 ,illegal content or illegal        
activity ,subject to subsection 7e71 if 
a provider of an interactive computer   
service receives notice of illegal      
content or illegal activity on the      
interactive computer service that       
substantially complies with the         
requirements under paragraph            
7#c77;,b77ii7 of section #bcj7;c7 of the
 ,communications ,act of #aicd 7#dg     
,u4,s4,c4 #bcj7;c771 as added by section
 #f7;a71 the provider shall remove the  
content or stop the activity within #bd 
hours of receiving that notice1 subject 
to reasonable exceptions based on       
concerns about the legitimacy of the    

notice4  7,b7 ,potentially              
policy-violating content ,subject to    
subsection 7e71 if a provider of an     
interactive computer service receives   
notice of potentially policy-violating  
content on the interactive computer     
service1 the provider shall1 not later  
than #ad days after receiving that      
notice-- 7i7 review the content2  7ii7  
determine whether the content adheres to
 the acceptable use policy of the       
provider2 and  7iii7 take appropriate   
steps based on the determination made   
under clause 7ii74  7#b7 ,process after 
removal of content  7,a7 ,removal based 
on user complaint  7i7 ,in general      
,subject to clause 7ii71 if a provider  
of an interactive computer service      
removes potentially policy-violating    
content based on a user complaint1 the  
provider of the interactive computer    
service shall1 concurrently with the    
removal-- 7,i7 notify the information   
content provider and the complainant of 
the removal and explain why the content 

was removed2  7,,ii7 allow the          
information content provider to appeal  
the decision2 and  7,,iii7 notify the   
information content provider and the    
complainant of-- 7aa7 the determination 
regarding the appeal under subclause    
7,,ii72 and  7bb7 in the case of a      
reversal of the decision to remove the  
content in question1 the reason for the 
reversal4  7ii7 ,exceptions ,a provider 
of an interactive computer service shall
 not be required to provide an          
information content provider with notice
 or an opportunity to appeal under      
clause 7i7-- 7,i7 if the provider of the
 interactive computer service is unable 
to contact the information content      
provider after taking reasonable steps  
to do so2 or  7,,ii7 if the provider of 
the interactive computer service knows  
that the potentially policy-violating   
content relates to an ongoing law       
enforcement investigation4  7,b7        
,removal based on moderation decisions  
of interactive computer service provider

 ,if a provider of an interactive       
computer service receives notice1       
through a complaint from the information
 content provider1 that the provider of 
the interactive computer service removed
 content of the information content     
provider that the information content   
provider believes was not potentially   
policy-violating content1 the provider  
of the interactive computer service     
shall1 not later than #ad days after    
receiving notice-- 7i7 review the       
content2  7ii7 determine whether the    
content adheres to the acceptable use   
policy of the provider of the           
interactive computer service2  7iii7    
take appropriate steps based on the     
determination made under clause 7ii72   
and  7iv7 notify the information content
 provider regarding the determination   
made under clause 7ii7 and steps taken  
under clause 7iii74  7d7 ,quarterly     
transparency report  7#a7 ,in general   
,subject to subsection 7e71 as part of  
the acceptable use policy required under

 subsection 7a71 a provider of an       
interactive computer service shall      
publish a quarterly transparency report 
in accordance with paragraph 7#b7 of    
this subsection4  7#b7 ,requirements ,a 
provider of an interactive computer     
service shall include in the report     
required under paragraph 7#a71 with     
respect to the preceding #c-month       
period-- 7,a7 the total number of       
instances in which illegal content1     
illegal activity1 or potentially        
policy-violating content was flagged--  
7i7 due to a user complaint2 or  7ii7   
internally1 by-- 7,i7 an employee or    
contractor of the provider2 or  7,,ii7  
an internal automated detection tool2   
7,b7 the number of instances in which   
the interactive computer service        
provider took action with respect to    
illegal content1 illegal activity1 or   
known potentially policy-violating      
content due to its nature as illegal    
content1 illegal activity1 or known     
potentially policy-violating content1   

including content removal1 content      
demonetization1 content                 
deprioritization1 appending content with
 an assessment1 account suspension1     
account removal1 or any other action    
taken in accordance with the acceptable 
use policy of the provider1 categorized 
by-- 7i7 the category of rule violated2 
7ii7 the source of the flag1 including  
government1 user1 internal automated    
detection tool1 coordination with other 
interactive computer service providers1 
or personnel employed or contracted for 
by the provider2  7iii7 the country of  
the information content provider2 and   
7iv7 coordinated campaign1 if           
applicable2  7,c7 7i7 the number of     
instances in which an information       
content provider appealed the decision  
to remove potentially policy-violating  
content2 and  7ii7 the percentage of    
appeals described in clause 7i7 that    
resulted in the restoration of content2 
and  7,d7 a description of each tool1   
practice1 action1 or technique used in  

enforcing the acceptable use policy4    
7#c7 ,format ,a provider of an          
interactive computer service shall      
publish the information described in    
paragraph 7#b7 with an open license1 in 
a machine-readable and open format1 and 
in a location that is easily accessible 
to consumers4  7e7 ,small business      
provider exemptions  7#a7 ,live company 
representative2 transparency report     
,subsections 7a77#b77;,c77i7 and 7d7    
shall not apply to a small business     
provider4  7#b7 ,processing of          
complaints ,notwithstanding the         
deadlines under subsection 7c77#a71 a   
small business provider shall take      
action with respect to illegal content1 
illegal activity1 or potentially        
policy-violating content under          
subparagraph 7,a7 or 7,b7 of that       
subsection1 as applicable1 within a     
reasonable period of time based on the  
size and capacity of the provider4  7f7 
,internet infrastructure service        
exemption ,subsections 7a7 through 7e7  

shall not apply to a provider of an     
interactive computer service that is    
used by another interactive computer    
service for the management1 control1 or 
operation of that other interactive     
computer service1 including for services
 such as web hosting1 domain            
registration1 content delivery networks1
 caching1 back-end data storage1 and    
cloud management4  7g7 ,enforcement by  
,commission  7#a7 ,unfair or deceptive  
acts or practices  7,a7 ,in general ,a  
violation of subsection 7c77#a77;,b71   
7c77#b71 or 7d7 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 ,limitation on
 authority ,nothing in subparagraph 7,a7
 shall be construed to supersede        
paragraph 7#a7 or 7#b7 of section       
#bcj7;c7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;c77 or to    
otherwise authorize the ,commission to  

review any action or decision by a      
provider of an interactive computer     
service related to the application of   
the acceptable use policy of the        
provider4  7#b7 ,powers of ,commission  
7,a7 ,in general ,except as provided in 
subparagraph 7,c71 the ,commission shall
 enforce this section 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 ,act4  7,b7 ,privileges and
 immunities ,except as provided in      
subparagraph 7,c71 any person who       
violates this section shall be subject  
to the penalties and entitled to the    
privileges and immunities provided in   
the ,federal ,trade ,commission ,act    
7#ae ,u4,s4,c4 #da et seq474  7,c7      
,nonprofit organizations                
,notwithstanding section #d of the      
,federal ,trade ,commission ,act 7#ae   

,u4,s4,c4 #dd7 or any jurisdictional    
limitation of the ,commission1 the      
,commission shall also enforce this     
section1 in the same manner provided in 
subparagraphs 7,a7 and 7,b7 of this     
paragraph1 with respect to organizations
 not organized to carry on business for 
their own profit or that of their       
members4  7h7 ,,gao report on           
whistleblower protection and awards ,not
 later than #a year after the date of   
enactment of this ,act1 the ,comptroller
 ,general of the ,united ,states shall  
submit a report to ,congress assessing  
the viability1 including the anticipated
 cost and benefit to consumers1 of      
establishing a whistleblower protection 
and award program for employees and     
contractors of interactive computer     
services1 to be administered by the     
,commission1 that would enable reporting
 and enforcement of violations of       
consumer protections that take place    
online4  7i7 ,,nist voluntary framework 
7#a7 ,in general ,not later than #ah    

months after the date of enactment of   
this ,act1 the ,director of the         
,national ,institute of ,standards and  
,technology shall develop a voluntary   
framework1 with input from relevant     
experts1 that consists of nonbinding    
standards1 guidelines1 and best         
practices to manage risk and shared     
challenges related to1 for the purposes 
of this ,act1 good faith moderation     
practices by interactive computer       
service providers4  7#b7 ,contents ,the 
framework developed under paragraph 7#a7
 shall include-- 7,a7 technical         
standards and processes for the sharing 
of information among providers of an    
interactive computer service2  7,b7     
recommendations on automated detection  
tools and the appropriate nature and    
level of human review to correct for    
machine error in assessing nuanced or   
context-specific issues2  7,c7 standards
 and processes for providing researchers
 access to data to conduct scientific1  
historical1 statistical1 and other      

relevant research1 including with       
respect to content that is removed1     
demonetized1 or deprioritized by the    
provider of an interactive computer     
service2 and  7,d7 methods to strengthen
 the capacity of a provider of an       
interactive computer service to         
authenticate documentation of a         
determination by a court that content or
 an activity violates ,federal law or   
,state defamation law4  #f4             
,intermediary liability  7a7            
,intermediary liability standard        
,section #bcj7;c7 of the ,communications
 ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 
is amended by adding at the end the     
following3  7#c7 ,intermediary liability
 standard  7,a7 ,in general ,the        
protection under paragraph 7#a7 shall   
not apply to a provider of an           
interactive computer service1 with      
respect to illegal content shared or    
illegal activity occurring on the       
interactive computer service1 if the    
provider-- 7i7 has knowledge of the     

illegal content or illegal activity2 and
  7ii7 subject to subparagraph 7,c71    
does not remove the illegal content or  
stop the illegal activity within #bd    
hours of acquiring that knowledge1      
subject to reasonable exceptions based  
on concerns about the legitimacy of the 
notice4  7,b7 ,notification of illegal  
content or illegal activity  7i7 ,in    
general ,a provider of an interactive   
computer service shall be deemed to have
 knowledge of illegal content or illegal
 activity for purposes of subparagraph  
7,a7 only if the provider receives a    
notification of such content or activity
 that substantially complies with the   
requirements under clause 7ii7 of this  
subparagraph4  7ii7 ,elements ,a        
notification of illegal content or      
illegal activity provided to a provider 
of an interactive computer service as   
described in clause 7i7 shall be in     
writing and include the following3 7,i7 
,a copy of the order of a ,federal or   
,state court under which the content or 

activity was determined to violate      
,federal law or ,state defamation law1  
and to the extent available1 any        
references substantiating the validity  
of the order1 such as the web addresses 
of public court docket information4     
7,,ii7 ,identification of the illegal   
content or illegal activity1 and        
information reasonably sufficient to    
permit the provider to locate the       
content or each account involved4       
7,,iii7 ,information reasonably         
sufficient to permit the provider to    
contact the complaining party1 which    
shall include-- 7aa7 if the complaining 
party is a user of the interactive      
computer service1 information           
identifying the user account2 and  7bb7 
if the complaining party is not a user  
of the interactive computer service1 an 
email address of the complaining party4 
7,,iv7 ,a statement by the complaining  
party1 made under penalty of perjury in 
accordance with section #agdf of title  
#bh1 ,united ,states ,code1 that-- 7aa7 

the content in the notification is      
accurate2 and  7bb7 the content or      
activity described in the notification  
has been determined by a ,federal or    
,state court to be illegal4  7,c7       
,exemptions  7i7 ,small business        
providers ,notwithstanding the deadline 
under clause 7ii7 of subparagraph 7,a71 
a small business provider shall take    
action with respect to illegal content  
or illegal activity under that          
subparagraph within a reasonable period 
of time based on the size and capacity  
of the provider4  7ii7 ,internet        
infrastructure services ,subparagraph   
7,a7 shall not apply with respect to an 
interactive computer service that is    
used by another interactive computer    
service for the management1 control1 or 
operation of that other interactive     
computer service1 including for services
 such as web hosting1 domain            
registration1 content delivery networks1
 caching1 back-end data storage1 and    
cloud management4  7,d7 ,monitoring or  

affirmative fact-seeking not required   
,nothing in this paragraph shall be     
construed to condition the applicability
 of paragraph 7#a7 to a provider of an  
interactive computer service on the     
provider monitoring the interactive     
computer service or affirmatively       
seeking facts indicating illegal content
 or illegal activity in order to        
identify instances of noticed activity  
or content additional to any instances  
about which the provider has received a 
notification4  7,e7 ,enforcement        
exemption ,nothing in this paragraph    
shall be construed to impair or limit   
the application of subsection 7e77#a7 or
 7g74  4  7b7 ,definitions ,section     
#bcj7;f7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;f77 is       
amended by adding at the end the        
following3  7#e7 ,illegal activity ,the 
term illegal activity means activity    
conducted by an information content     
provider that has been determined by a  
,federal or ,state court to violate     

,federal criminal or civil law4  7#f7   
,illegal content ,the term illegal      
content means information provided by an
 information content provider that has  
been determined by a ,federal or ,state 
court to violate ,federal criminal or   
civil law or ,state defamation law4     
7#g7 ,small business provider ,the term 
small business provider means a provider
 of an interactive computer service     
that1 during the most recent #bd-month  
period-- 7,a7 received fewer than       
#a1jjj1jjj monthly active users or      
monthly visitors2 and  7,b7 accrued     
revenue of less than #be1jjj1jjj4  4    
7c7 ,technical correction ,section      
#bcj7;c77#b77;,b7 of the ,communications
 ,act of #aicd 7#dg ,u4,s4,c4           
#bcj7;c77#b77;,b77 is amended by        
striking paragraph 7#a7 and inserting   
subparagraph 7,a74  #g4 ,federal and    
,state enforcement  7a7 ,federal        
enforcement ,section #bcj7;e77#a7 of the
 ,communications ,act of #aicd 7#dg     
,u4,s4,c4 #bcj7;e77 is amended-- 7#a7 in

 the heading1 by striking criminal law  
and inserting ,federal criminal or civil
 law2  7#b7 by inserting by the ,federal
 ,government after enforcement2 and     
7#c7 by striking or any other ,federal  
criminal statute and inserting any other
 ,federal criminal or civil statute1 or 
any regulations of an ,executive agency 
7as defined in section #aje of title #e1
 ,united ,states ,code7 or an           
establishment in the legislative or     
judicial branch of the ,federal         
,government4  7b7 ,enforcement of       
,federal civil laws by ,state attorneys 
general ,section #bcj of the            
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7 is amended by adding at 
the end the following3  7g7 ,enforcement
 of ,federal civil laws by ,state       
attorneys general  7#a7 ,in general     
,notwithstanding any other provision of 
this section1 and in consultation with  
the ,attorney ,general1 the attorney    
general of a ,state alleging a violation
 by a provider of an interactive        

computer service of a ,federal civil law
 that affects or may affect the ,state  
or the residents of the ,state may bring
 a civil action on behalf of the        
residents of the ,state in any district 
court of the ,united ,states for the    
district in which the provider is found 
or transacts business if the underlying 
claim would constitute a violation of   
the substantive1 nonjurisdictional      
elements of a civil law of the ,state4  
7#b7 ,relation to other laws ,nothing in
 paragraph 7#a7 shall be construed to   
impair or limit the authority of the    
attorney general of a ,state under any  
other ,federal law to bring a civil     
action on behalf of the residents of the
 ,state against a provider of an        
interactive computer service for        
violation of a ,federal civil law4  4   
#h4 ,severability ,if any provision of  
this ,act or an amendment made by this  
,act1 or the application of such a      
provision or amendment to any person or 
circumstance1 is held to be             

unenforceable or invalid1 the remaining 
provisions of this ,act and amendments  
made by this ,act1 and the application  
of the provision or amendment so held to
 other persons not similarly situated or
 to other circumstances1 shall not be   
affected thereby4  #i4 ,effective date  
,this ,act and the amendments made by   
this ,act shall take effect on the date 
that is #a year after the date of       
enactment of this ,act4