,,ii #aagth ,,congress #ast ,session ,s4 #ahif ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bg1 #bjba,mr4 ,markey introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit the discriminatory use of personal information by online platforms in any algorithmic process1 to require transparency in the use of algorithmic processes and content moderation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,algorithmic ,justice and ,online ,platform ,transparency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,online platforms have become integral to individuals' full participation in economic1 democratic1 and societal processes4 7#b7 ,online platforms employ manipulative dark patterns1 collect large amounts of personal information from their users1 and leverage that personal information for opaque algorithmic processes in ways that create vastly different experiences for different types of users4 7#c7 ,algorithmic processes are often used by online platforms without adequate testing and in the absence of critical transparency requirements and other legally enforceable safety and efficacy standards1 which has resulted in discrimination in housing1 lending1 job advertising1 and other areas of opportunity4 7#d7 ,the use of discriminatory algorithmic processes causes disproportionate harm to populations that already experience marginalization4 7#e7 ,online platforms constantly engage in content moderation decision making1 resulting in highly influential outcomes regarding what content is visible and accessible to users4 7#f7 ,online platforms' content moderation practices have disproportionately significant repercussions for members of marginalized communities1 who have historically been the target of nefarious online activity1 including disinformation campaigns4 7#g7 ,users of online platforms should have access to understandable information about how online platforms moderate content and use algorithmic processes to amplify or recommend content4 7#h7 ,users of online platforms should be able to easily move their data to alternative online platforms1 and the importance of this right is particularly significant given certain online platforms' use of harmful algorithmic processes and engagement in ineffective content moderation4 7#i7 ,in a variety of sectors1 algorithmic processes also facilitate discriminatory outcomes on online platforms that individuals may not personally interact with1 but which nonetheless process the personal information of such individuals and have significant1 negative consequences4 7#aj7 ,the people of the ,united ,states would benefit from the convening of experts from a diverse set of governmental positions to collectively study and report on discriminatory algorithmic processes across the ,united ,states' economy and society1 with particular attention to intersections of harm4 #c4 ,definitions ,in this ,act3 7#a7 ,algorithmic process ,the term algorithmic process means a computational process1 including one derived from machine learning or other artificial intelligence techniques1 that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided1 recommended to1 or withheld from a user of an online platform1 including the provision of commercial content1 the display of social media posts1 or any other method of automated decision making1 content selection1 or content amplification4 7#b7 ,biometric information ,the term biometric information-- 7,a7 means information regarding the physiological or biological characteristics of an individual that may be used1 singly or in combination with each other or with other identifying data1 to establish the identity of an individual2 and 7,b7 includes-- 7i7 genetic information2 7ii7 imagery of the iris1 retina1 fingerprint1 face1 hand1 palm1 vein patterns1 and voice recordings1 from which an identifier template1 such as a faceprint1 a minutiae template1 or a voiceprint1 can be extracted2 7iii7 keystroke patterns or rhythms1 gait patterns or rhythms1 and sleep1 health1 or exercise data that contain identifying information2 and 7iv7 any mathematical code1 profile1 or algorithmic model derived from information regarding the physiological or biological characteristics of an individual4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,content moderation ,the term content moderation means-- 7,a7 the intentional deletion1 labeling1 or editing of user generated content or a process of purposefully decreasing access to such content through the human labor of any individual that is financially compensated by an online platform1 an automated process1 or some combination thereof1 pursuant to the online platform's terms of service or stated community standards2 and 7,b7 such other practices as the ,commission may identify under regulations promulgated under section #eec of title #e1 ,united ,states ,code4 7#e7 ,de-identified ,the term de-identified1 with respect to personal information1 means information that has been altered1 anonymized1 or aggregated so that it cannot reasonably identify1 relate to1 describe1 or be capable of being associated with or linked to1 directly or indirectly1 a particular individual or device4 7#f7 ,demographic information ,the term demographic information means information regarding an individual's or class of individuals' race1 color1 ethnicity1 sex1 religion1 national origin1 age1 gender1 gender identity1 sexual orientation1 disability status1 familial status1 immigration status1 educational attainment1 income1 source of income1 occupation1 employment status1 biometric information1 criminal record1 credit rating1 or any categorization used by the online platform derived from such information4 7#g7 ,group ,the term group means a page or other subdivision of an online platform that functions as a forum for users to post or otherwise distribute content to1 or communicate with1 other users of such page or other subdivision4 7#h7 ,non-precise geolocation information ,the term non-precise geolocation information means information regarding a country1 state1 county1 city1 or ,,zip code4 7#i7 ,online platform ,the term online platform means any public-facing website1 online service1 online application1 or mobile application which is operated for commercial purposes and provides a community forum for user generated content1 including a social network site1 content aggregation service1 or service for sharing videos1 images1 games1 audio files1 or other content4 7#aj7 ,personal information 7,a7 ,in general ,the term personal information means information that directly or indirectly identifies1 or could be reasonably linked to1 a particular individual or device4 7,b7 ,reasonably linked ,for purposes of subparagraph 7,a71 information could be reasonably linked to an individual or device if such information can be used on its own or in combination with other information held by1 or readily accessible to1 a person to identify an individual or device4 7#aa7 ,place of public accommodation ,the term place of public accommodation means-- 7,a7 any entity considered a place of public accommodation under section #bja7;b7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7b77 or section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha72 or 7,b7 any commercial entity that offers goods or services through the internet to the general public4 7#ab7 ,small business 7,a7 ,in general ,the term small business means a commercial entity that establishes1 with respect to the #c preceding calendar years 7or since the inception of such entity if such period is less than #c calendar years71 that the entity-- 7i7 maintains an average annual gross revenue of less than #be1jjj1jjj2 7ii7 on average1 annually processes the personal information of less than #ajj1jjj individuals1 households1 or devices used by individuals or households2 7iii7 on average1 derives #ej percent or less of its annual revenue from transferring the personal information of individuals2 and 7iv7 has less than #ej workers at any time during such period4 7,b7 ,common control or branding ,for purposes of subparagraph 7,a71 the amounts at issue shall include the activity of any person that controls1 is controlled by1 is under common control with1 or shares common branding with such commercial entity4 7#ac7 ,user generated content ,the term user generated content means any content1 including text1 images1 videos1 reviews1 profiles1 games1 or audio content1 that is made or created 7including through a form1 template1 or other process provided by the online platform7 and posted on an online platform by a user of the online platform4 #d4 ,transparency 7a7 ,notice and review of algorithmic process ,beginning #a year after the date of enactment of this ,act1 any online platform that employs1 operates1 or otherwise utilizes an algorithmic process to withhold1 amplify1 recommend1 or promote content 7including a group7 to a user of the online platform shall comply with the following requirements3 7#a7 ,required notice 7,a7 ,in general ,with respect to each type of algorithmic process utilized by an online platform1 such online platform shall disclose the following information to users of the online platform in conspicuous1 accessible1 and plain language that is not misleading3 7i7 ,the categories of personal information the online platform collects or creates for purposes of the type of algorithmic process4 7ii7 ,the manner in which the online platform collects or creates such personal information4 7iii7 ,how the online platform uses such personal information in the type of algorithmic process4 7iv7 ,the method by which the type of algorithmic process prioritizes1 assigns weight to1 or ranks different categories of personal information to withhold1 amplify1 recommend1 or promote content 7including a group7 to a user4 7,b7 ,language of required notice ,such online platform shall make available the notice described in subparagraph 7,a7 in each language in which the online platform provides services4 7,c7 ,rulemaking ,the ,commission shall conduct a rulemaking to identify each type of algorithmic process for which an online platform is required to disclose the information described in subparagraph 7,a74 7#b7 ,review of algorithmic process 7,a7 ,record of algorithmic process ,subject to subparagraph 7,b71 such online platform shall1 for #e years1 retain a record that describes-- 7i7 the categories of personal information used by the type of algorithmic process2 7ii7 the method by which the type of algorithmic process weighs or ranks certain categories of personal information2 7iii7 the method by which the online platform develops its type of algorithmic process1 including-- 7,i7 a description of any personal information or other data used in such development2 7,,ii7 an explanation of any personal information or other data used to train the type of algorithmic process on an ongoing basis2 and 7,,iii7 a description of how the type of algorithmic process was tested for accuracy1 fairness1 bias1 and discrimination2 and 7iv7 if the online platform 7except for a small business7 utilizes an algorithmic process that relates to opportunities for housing1 education1 employment1 insurance1 credit1 or the access to or terms of use of any place of public accommodations1 an assessment of whether the type of algorithmic process produces disparate outcomes on the basis of an individual's or class of individuals' actual or perceived race1 color1 ethnicity1 sex1 religion1 national origin1 gender1 gender identity1 sexual orientation1 familial status1 biometric information1 or disability status4 7,b7 ,additional requirements 7i7 ,requirement to de-identify personal information ,the record described in subparagraph 7,a7 shall not include any personal information other than de-identified personal information4 7ii7 ,extension of record retention ,an online platform shall retain the record described in subparagraph 7,a7 for up to an additional #c years if the ,commission determines that the online platform poses a reasonable risk of engaging in repeated violations of this ,act or of unlawful discrimination as a result of its use of an algorithmic process4 7,c7 ,review of record ,upon the request of the ,commission1 an online platform shall make available to the ,commission the complete record described in subparagraph 7,a74 7b7 ,notice of content moderation practices 7#a7 ,notice 7,a7 ,in general ,beginning #a year after the date of enactment of this ,act1 any online platform shall disclose to users of the online platform in conspicuous1 accessible1 and plain language that is not misleading a complete description of the online platform's content moderation practices1 including a description of any type of automated content moderation practices and content moderation practices that employ human labor4 7,b7 ,language of required notice ,such online platform shall make available the notice described in subparagraph 7,a7 in each language in which the online platform provides services4 7#b7 ,content moderation transparency reports 7,a7 ,in general ,beginning #ahj days after the date of enactment of this ,act1 any online platform 7except for a small business7 that engages in content moderation shall publish1 not less than annually1 a transparency report of their content moderation practices4 7,b7 ,requirements 7i7 ,in general ,the transparency report required under subparagraph 7,a7 shall include1 if applicable3 7,i7 ,the total number of content moderation decisions for the applicable period4 7,,ii7 ,the number of content moderation decisions for the applicable period broken down by3 7aa7 ,relevant policy1 type1 or category of content moderation undertaken by the online platform4 7bb7 ,whether the content moderation decision occurred in response to information regarding organized campaigns or other coordinated behavior4 7cc7 ,aggregate demographic information of users who created the user generated content subjected to content moderation4 7dd7 ,aggregate demographic information of users targeted by an algorithmic process involving content subjected to content moderation4 7ee7 ,whether the content moderation occurred through automated practices1 human labor by the online platform1 labor by any individual that does not work as a paid employee of the online platform1 or any combination thereof4 7ff7 ,in the case of content moderation that occurred through human labor by any individual that does not work for the online platform1 the nature of such individual's relationship to the online platform 7such as a user1 moderator1 ,state actor1 or representative of an external partner organization74 7gg7 ,the number and percentage of content moderation decisions subject to appeal or other form of secondary review4 7hh7 ,the number and percentage of content moderation decisions reversed on appeal or other form of secondary review4 7ii7 ,the number of content moderation decisions occurring in response to a government demand or request4 7jj7 ,the number of government demands or requests for content moderation broken down by ,federal agency1 ,state1 municipality1 or foreign nation4 7kk7 ,the types of content moderation decisions made4 7ll7 ,other information that the ,commission1 by regulation1 deems appropriate4 7,,iii7 ,the ability to cross-reference each of the different types of information disclosed pursuant to subclause 7,,ii74 7ii7 ,accessibility of report ,the transparency report required under subparagraph 7,a7 shall be-- 7,i7 publicly available to any individual without such individual being required to create a user account2 7,,ii7 conspicuous2 7,,iii7 accessible2 7,,iv7 not misleading2 and 7,v7 available in each language in which the online platform provides services4 7iii7 ,accessibility of report data ,the online platform shall-- 7,i7 provide any data in the transparency report required under subparagraph 7,a7 in a machine-readable format2 and 7,,ii7 allow anyone to freely copy and use such data4 7#c7 ,rule of construction ,nothing in this subsection shall require an online platform to collect personal information that the online platform would not otherwise collect4 7c7 ,advertisement library ,beginning #ahj days after the date of enactment of this ,act1 any online platform 7except for a small business7 that uses personal information in combination with an algorithmic process to sell or publish an advertisement shall take all reasonable steps to maintain a library of such advertisements4 ,the library shall-- 7#a7 be-- 7,a7 publicly available to any individual without such individual being required to create a user account2 7,b7 conspicuous2 7,c7 accessible2 7,d7 not misleading2 and 7,e7 available in each language in which the online platform provides services2 7#b7 present information in both human- and machine-readable formats2 7#c7 allow any individual to freely copy and use the information contained in the library2 7#d7 at a minimum1 be searchable by date1 location1 topic1 cost1 advertiser1 keyword1 information disclosed pursuant to paragraph 7#f71 or any other criteria that the ,commission1 by regulation1 deems appropriate2 7#e7 contain copies of all advertisements sold or published by the online platform for #b years following the sale or publishing of each advertisement2 and 7#f7 for each advertisement entry1 include-- 7,a7 the content of the advertisement2 7,b7 all targeting criteria selected by the advertiser1 including demographic information and non-precise geolocation information 7except in the event that including a specific criterion would disclose personal information72 7,c7 any data the online platform provided to the advertiser regarding to whom it sold or published the advertisement1 including demographic information and non-precise geolocation information 7except in the event that including specific data would disclose personal information72 and 7,d7 the name of the advertiser1 the cost of the advertisement1 the dates the advertisement was displayed on the online platform1 and any other information that the ,commission1 by regulation1 deems appropriate4 7d7 ,certification ,not later than #cj days after making any disclosure required by subsection 7a77#a71 7b71 or 7c71 and annually thereafter1 an online platform shall certify the accuracy and completeness of such disclosure4 ,such certification shall-- 7#a7 be signed1 under oath1 by the online platform's chief executive officer1 chief privacy officer1 chief operating officer1 chief information security officer1 or another senior officer of equivalent stature2 7#b7 attest that the officer described in paragraph 7#a7 has personal knowledge sufficient to make such certification2 and 7#c7 in addition to any annual certification1 be issued with any material change 7which shall not include routine additions to or maintenance of entries in the advertising library pursuant to subsection 7c774 #e4 ,right to data portability ,in promulgating regulations under this ,act1 the ,commission shall require an online platform1 if the online platform retains the personal information of a user1 to provide to the user access to the personal information retained in the form of a portable electronic table that-- 7#a7 is in a usable and searchable format2 and 7#b7 allows the user to transfer such personal information from one online platform to another without hindrance4 #f4 ,prohibited conduct 7a7 ,public accommodations ,it shall be unlawful for an online platform to employ any proprietary online platform design features1 including an algorithmic process1 or otherwise process the personal information of an individual in a manner that segregates1 discriminates in1 or otherwise makes unavailable the goods1 services1 facilities1 privileges1 advantages1 or accommodations of any place of public accommodation on the basis of an individual's or class of individuals' actual or perceived race1 color1 ethnicity1 religion1 national origin1 sex1 gender1 gender identity1 sexual orientation1 familial status1 biometric information1 or disability status4 7b7 ,equal opportunity ,it shall be unlawful for an online platform to employ any proprietary online platform design features1 including an algorithmic process1 or otherwise process the personal information of an individual for the purpose of advertising1 marketing1 soliciting1 offering1 selling1 leasing1 licensing1 renting1 or otherwise commercially contracting for housing1 employment1 credit1 insurance1 healthcare1 or education opportunities in a manner that discriminates against or otherwise makes the opportunity unavailable on the basis of an individual's or class of individuals' actual or perceived race1 color1 ethnicity1 religion1 national origin1 sex1 gender1 gender identity1 sexual orientation1 familial status1 biometric information1 or disability status4 7c7 ,voting rights ,it shall be unlawful for an online platform to process personal information in a manner that intentionally deprives1 defrauds1 or attempts to deprive or defraud any individual of their free and fair exercise of the right to vote in a ,federal1 ,state1 or local election4 ,such manner includes3 7#a7 ,intentional deception regarding-- 7,a7 the time1 place1 or method of voting or registering to vote2 7,b7 the eligibility requirements to vote or register to vote2 7,c7 the counting of ballots2 7,d7 the adjudication of elections2 7,e7 explicit endorsements by any person or candidate2 or 7,f7 any other material information pertaining to the procedures or requirements for voting or registering to vote in a ,federal1 ,state1 or local election2 or 7#b7 ,intentionally using deception1 threats1 intimidation1 fraud1 or coercion to prevent1 interfere with1 retaliate against1 deter1 or attempt to prevent1 interfere with1 retaliate against1 or deter an individual from-- 7,a7 voting or registering to vote in a ,federal1 ,state1 or local election2 or 7,b7 supporting or advocating for a candidate in a ,federal1 ,state1 or local election4 7d7 ,discriminatory advertising 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,commission shall promulgate regulations to define and prohibit unfair or deceptive acts or practices with respect to advertising practices4 7#b7 ,periodic review of regulations ,the ,commission shall review such regulations not less than once every #e years and update the regulations as appropriate4 7#c7 ,considerations ,in promulgating regulations under this subsection1 the ,commission shall consider3 7,a7 ,established public policy1 such as civil rights laws1 to prevent discrimination and promote equal opportunity4 7,b7 ,the state of the art of advertising4 7,c7 ,research of and methodologies for measuring discrimination in advertising4 7,d7 ,the role of each actor in the advertising ecosystem4 7,e7 ,any harm caused by predatory or manipulative advertising practices1 including practices targeting vulnerable populations4 7,f7 ,whether1 and at what age1 a minor is able to distinguish between editorial content and paid advertisements4 7,g7 ,methods for fairly promoting equal opportunity in housing1 employment1 credit1 insurance1 education1 and healthcare through targeted outreach to underrepresented populations in a fair and non-deceptive manner4 7,h7 ,the needs of small businesses4 7,i7 ,any other criteria the ,commission deems appropriate4 7e7 ,safety and effectiveness of algorithmic processes 7#a7 ,in general ,it shall be unlawful for an online platform to employ an algorithmic process in a manner that is not safe and effective4 7#b7 ,safe ,for purposes of paragraph 7#a71 an algorithmic process is safe-- 7,a7 if the algorithmic process does not produce any disparate outcome as described in the assessment conducted under section #d7;a77#b77;,a77iv72 or 7,b7 if the algorithmic process does produce a disparate outcome as described in the assessment conducted under section #d7;a77#b77;,a77iv71 any such disparate outcome is justified by a non-discriminatory1 compelling interest1 and such interest cannot be satisfied by less discriminatory means4 7#c7 ,effective ,for purposes of paragraph 7#a71 an algorithmic process is effective if the online platform employing or otherwise utilizing the algorithmic process has taken reasonable steps to ensure that the algorithmic process has the ability to produce its desired or intended result4 7f7 ,discrimination by users of online platforms ,it shall be unlawful for a user of an online platform to utilize an algorithmic process on an online platform in a manner that-- 7#a7 withholds1 denies1 deprives1 or attempts to withhold1 deny1 or deprive any individual of a right or privilege under title ,,ii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et4 seq472 7#b7 intimidates1 threatens1 coerces1 or attempts to intimidate1 threaten1 or coerce any individual with the purpose of interfering with a right or privilege under title ,,ii of such ,act2 or 7#c7 punishes or attempts to punish any individual for exercising or attempting to exercise a right or privilege under title ,,ii of such ,act4 7g7 ,exceptions ,nothing in this section shall limit an online platform from processing personal information for the purpose of -- 7#a7 good faith internal testing to prevent unlawful discrimination1 identify disparate outcomes or treatment1 or otherwise determine the extent or effectiveness of the online platform's compliance with this ,act2 or 7#b7 advertising1 marketing1 or soliciting economic opportunities 7which shall not be of lower quality or contain less desirable terms than similar opportunities the online platform advertises1 markets1 or solicits to the general population7 to underrepresented populations in a fair and non-deceptive manner4 7h7 ,,ftc advisory opinions ,an online platform may request guidance from the ,commission with respect to the online platform's potential compliance with this ,act1 in accordance with the ,commission's rules of practice on advisory opinions4 7i7 ,preservation of rights and whistleblower protections2 rules of construction 7#a7 ,no conditional service ,an online platform may not condition or degrade the provision of a service or product to an individual based on the individual's waiver of any right guaranteed in this section4 7#b7 ,no arbitration agreement or waiver ,no pre-dispute arbitration agreement or pre-dispute joint action waiver of any right guaranteed in this section shall be valid or enforceable with respect to a dispute arising under this ,act4 ,any determination as to the scope or manner of applicability of this section 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 ,whistleblower protection ,an online platform may not1 directly or indirectly1 discharge1 demote1 suspend1 threaten1 harass1 or in any other manner discriminate against an individual for reporting or attempting to report a violation of this section4 7#d7 ,rule of construction ,nothing in this section shall be construed to affect the application of section #bcj of the ,communications ,act of #aicd 7commonly known as section #bcj of the ,communications ,decency ,act of #aiif7 7#dg ,u4,s4,c4 #bcj7 to an online platform or otherwise impose on an online platform legal liability for user generated content4 #g4 ,interagency ,task ,force on ,algorithmic ,processes on ,online ,platforms 7a7 ,establishment ,the ,commission shall establish an interagency task force on algorithmic processes on online platforms 7referred to in this section as the ,task ,force7 for the purpose of examining the discriminatory use of personal information by online platforms in algorithmic processes4 7b7 ,membership 7#a7 ,in general ,the ,task ,force established under this section shall include representatives from-- 7,a7 the ,commission2 7,b7 the ,department of ,education2 7,c7 the ,department of ,justice2 7,d7 the ,department of ,labor2 7,e7 the ,department of ,housing and ,urban ,development2 7,f7 the ,department of ,commerce2 7,g7 the ,department of ,health and ,human ,services2 7,h7 the ,department of ,veterans ,affairs2 7,i7 the ,equal ,employment ,opportunity ,commission2 7,j7 the ,consumer ,financial ,protection ,bureau2 7,k7 the ,federal ,communications ,commission2 7,l7 the ,federal ,elections ,commission2 and 7,m7 the ,white ,house ,office of ,science and ,technology ,policy4 7#b7 ,chair ,the ,task ,force shall be co-chaired by #a representative of the ,commission and #a representative of the ,department of ,justice4 7#c7 ,staff ,the ,task ,force shall hire such other personnel1 including individuals with expertise in the intersection of civil rights and technology1 as may be appropriate to enable the ,task ,force to perform its duties4 7c7 ,study and ,report 7#a7 ,study ,the ,task ,force shall conduct a study on the discriminatory use of personal information by online platforms in algorithmic processes4 ,such study shall include the following3 7,a7 ,discriminatory use of personal information in the advertisement of 7including the withholding of an advertisement7 housing opportunities4 7,b7 ,discriminatory use of personal information in the advertisement of 7including the withholding of an advertisement7 credit1 lending1 or other financial services opportunities4 7,c7 ,discriminatory use of personal information in the advertisement of 7including the withholding of an advertisement7 employment opportunities4 7,d7 ,discriminatory use of personal information in the advertisement of 7including the withholding of an advertisement7 education opportunities4 7,e7 ,discriminatory use of personal information in the advertisement of 7including the withholding of an advertisement7 insurance opportunities4 7,f7 ,discriminatory use of personal information or biometric information by employers in the surveillance or monitoring of workers4 7,g7 ,discriminatory use of personal information on online platforms involved in hiring screening practices4 7,h7 ,discriminatory use of personal information or biometric information in education1 including the use of-- 7i7 student personal information for predictive forecasting on student ability or potential for purposes of admissions decisions2 and 7ii7 automated proctoring software that monitors1 analyzes1 or otherwise processes student biometric information to identify suspicious behavior1 including any discriminatory outcomes associated with the use of such software4 7,i7 ,discriminatory use of user biometric information4 7,j7 ,use of personal information by disinformation campaigns for the purpose of political disenfranchisement4 7,k7 ,any other discriminatory use of personal information4 7#b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the ,task ,force shall submit to ,congress a report containing the results of the study conducted under paragraph 7#a71 together with recommendations for such legislation and administrative action as the ,task ,force determines appropriate4 7d7 ,funding ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,commission such sums as are necessary to carry out this section4 ,amounts appropriated under the preceding sentence shall remain available until expended4 #h4 ,enforcement 7a7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practice ,a violation of this ,act or a regulation promulgated under this ,act 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 ,powers of the ,commission 7,a7 ,in general ,the ,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 section4 7,b7 ,privileges and immunities ,any person who violates this ,act or a regulation promulgated under 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 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#c7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 7b7 ,enforcement by ,states 7#a7 ,authorization ,subject to paragraph 7#b71 in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is adversely affected by the engagement of any person in an act or practice that violates this ,act or a regulation promulgated under this ,act1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to-- 7,a7 enjoin that act or practice2 7,b7 enforce compliance with this ,act or the regulation2 7,c7 obtain damages1 civil penalties1 restitution1 or other compensation on behalf of the residents of the ,state2 or 7,d7 obtain such other relief as the court may consider to be appropriate4 7#b7 ,rights of the ,commission 7,a7 ,notice to the ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action against a person subject to this ,act4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by the ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,investigatory powers ,nothing in this subsection may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,action by the ,commission ,if the ,commission institutes a civil action with respect to a violation of this ,act1 the attorney general of a ,state may not1 during the pendency of the action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7c7 ,enforcement by the ,department of ,justice 7#a7 ,in general ,the ,attorney ,general may bring a civil action to enforce section #f7;a71 7b71 7c71 7e71 7f71 or 7i7 in an appropriate district court of the ,united ,states4 7#b7 ,coordination with the ,commission ,the ,attorney ,general shall1 when reasonable and appropriate1 consult and coordinate with the ,commission on a civil action brought under paragraph 7#a74 7#c7 ,relief ,in any civil action brought under paragraph 7#a71 the court may impose injunctive relief1 declaratory relief1 damages1 civil penalties1 restitution1 and any other relief the court deems appropriate4 7d7 ,enforcement by individuals 7#a7 ,in general ,any individual alleging a violation of section #f7;a71 7b71 or 7c71 or a regulation promulgated thereunder1 may bring a civil action in any court of competent jurisdiction1 ,state or ,federal4 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court may award-- 7,a7 an amount equal to #b1ejj or actual damages1 whichever is greater2 7,b7 punitive damages2 7,c7 reasonable attorney's fees and litigation costs2 and 7,d7 any other relief1 including injunctive or declaratory relief1 that the court determines appropriate4