,i #aagth ,,congress #ast ,session ,h4 ,r4 #eiba ,,in ,,the ,,house ,,of ,,representatives ,november #i1 #bjba,mr4 ,buck 7for himself1 ,mr4 ,cicilline1 ,mr4 ,owens1 and ,mrs4 ,trahan7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to require that internet platforms give users the option to engage with a platform without being manipulated by algorithms driven by user-specific data4 #a4 ,short title ,this ,act may be cited as the ,filter ,bubble ,transparency ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,algorithmic ranking system ,the term algorithmic ranking system means a computational process1 including one derived from algorithmic decision making1 machine learning1 statistical analysis1 or other data processing or artificial intelligence techniques1 used to determine the order or manner that a set of information is provided to a user on a covered internet platform1 including the ranking of search results1 the provision of content recommendations1 the display of social media posts1 or any other method of automated content selection4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,connected device ,the term connected device means a physical object that-- 7,a7 is capable of connecting to the internet1 either directly or indirectly through a network1 to communicate information at the direction of an individual2 and 7,b7 has computer processing capabilities for collecting1 sending1 receiving1 or analyzing data4 7#d7 ,covered internet platform 7,a7 ,in general ,the term covered internet platform means any public-facing website1 internet application1 or mobile application1 including a social network site1 video sharing service1 search engine1 or content aggregation service4 7,b7 ,exclusions ,such term shall not include a platform that-- 7i7 is wholly owned1 controlled1 and operated by a person that-- 7,i7 for the most recent #f-month period1 did not employ more than #ejj employees2 7,,ii7 for the most recent #c-year period1 averaged less than #ej1jjj1jjj in annual gross receipts2 and 7,,iii7 collects or processes on an annual basis the personal data of less than #a1jjj1jjj individuals2 or 7ii7 is operated for the sole purpose of conducting research that is not made for profit either directly or indirectly4 7#e7 ,input-transparent algorithm 7,a7 ,in general ,the term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the order or manner that information is furnished to such user on a covered internet platform1 unless the user-specific data is expressly provided to the platform by the user for such purpose4 7,b7 ,inclusion of age-appropriate content filters ,such term shall include an algorithmic ranking system that uses user-specific data to determine whether a user is old enough to access age-restricted content on a covered internet platform1 provided that the system otherwise meets the requirements of subparagraph 7,a74 7,c7 ,data provided for express purpose of interaction with platform ,for purposes of subparagraph 7,a71 user-specific data that is provided by a user for the express purpose of determining the order or manner that information is furnished to a user on a covered internet platform-- 7i7 shall include user-supplied search terms1 filters1 speech patterns 7if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform71 saved preferences1 and the user's current geographical location2 7ii7 shall include data supplied to the platform by the user that expresses the user's desire that information be furnished to them1 such as the social media profiles the user follows1 the video channels the user subscribes to1 or other sources of content on the platform the user follows2 7iii7 shall not include the history of the user's connected device1 including the user's history of web searches and browsing1 geographical locations1 physical activity1 device interaction1 and financial transactions2 and 7iv7 shall not include inferences about the user or the user's connected device1 without regard to whether such inferences are based on data described in clause 7i74 7#f7 ,opaque algorithm 7,a7 ,in general ,the term opaque algorithm means an algorithmic ranking system that determines the order or manner that information is furnished to a user on a covered internet platform based1 in whole or part1 on user-specific data that was not expressly provided by the user to the platform for such purpose4 7,b7 ,exception for age-appropriate content filters ,such term shall not include an algorithmic ranking system used by a covered internet platform if-- 7i7 the only user-specific data 7including inferences about the user7 that the system uses is information relating to the age of the user2 and 7ii7 such information is only used to restrict a user's access to content on the basis that the individual is not old enough to access such content4 7#g7 ,search syndication contract2 upstream provider2 downstream provider 7,a7 ,search syndication contract ,the term search syndication contract means a contract or subcontract for the sale1 license1 or other right to access an index of web pages on the internet for the purpose of operating an internet search engine4 7,b7 ,upstream provider ,the term upstream provider means1 with respect to a search syndication contract1 the person that grants access to an index of web pages on the internet to a downstream provider under the contract4 7,c7 ,downstream provider ,the term downstream provider means1 with respect to a search syndication contract1 the person that receives access to an index of web pages on the internet from an upstream provider under such contract4 7#h7 ,user-specific data ,the term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device4 #c4 ,requirement to allow users to see unmanipulated content on internet platforms 7a7 ,in general ,beginning on the date that is #a year after the date of enactment of this ,act1 it shall be unlawful-- 7#a7 for any person to operate a covered internet platform that uses an opaque algorithm unless the person complies with the requirements of subsection 7b72 or 7#b7 for any upstream provider to grant access to an index of web pages on the internet under a search syndication contract that does not comply with the requirements of subsection 7c74 7b7 ,opaque algorithm requirements 7#a7 ,in general ,the requirements of this subsection with respect to a person that operates a covered internet platform that uses an opaque algorithm are the following3 7,a7 ,the person provides notice to users of the platform that the platform uses an opaque algorithm that makes inferences based on user-specific data to select the content the user sees4 ,such notice shall be presented in a clear1 conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time1 and may be a one-time notice that can be dismissed by the user4 7,b7 ,the person makes available a version of the platform that uses an input-transparent algorithm and enables users to easily switch between the version of the platform that uses an opaque algorithm and the version of the platform that uses the input-transparent algorithm by selecting a prominently placed icon1 which shall be displayed wherever the user interacts with an opaque algorithm4 7#b7 ,nonapplication to certain downstream providers ,paragraph 7#a7 shall not apply with respect to an internet search engine if-- 7,a7 the search engine is operated by a downstream provider with fewer than #a1jjj employees2 and 7,b7 the search engine uses an index of web pages on the internet to which such provider received access under a search syndication contract4 7c7 ,search syndication contract requirement ,the requirements of this subsection with respect to a search syndication contract are that-- 7#a7 as part of the contract1 the upstream provider makes available to the downstream provider the same input-transparent algorithm used by the upstream provider for purposes of complying with subsection 7b77#a77;,b72 and 7#b7 the upstream provider does not impose any additional costs1 degraded quality1 reduced speed1 or other constraint on the functioning of such algorithm when used by the downstream provider to operate an internet search engine relative to the performance of such algorithm when used by the upstream provider to operate an internet search engine4 #d4 ,enforcement by ,federal ,trade ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of this ,act by an operator of a covered internet platform 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 7b7 ,powers of commission 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,federal ,trade ,commission shall enforce 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 ,act4 7#b7 ,privileges and immunities ,except as provided in paragraph 7#c71 any person who violates this ,act 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 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in paragraphs 7#a7 and 7#b7 of this paragraph1 with respect to-- 7,a7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and ,acts amendatory thereof and supplementary thereto2 and 7,b7 organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4