,,ii #aagth ,,congress #ast ,session ,s4 #cccj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjba,mr4 ,warner 7for himself1 ,mrs4 ,fischer1 ,ms4 ,klobuchar1 and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit the use 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 experiment or research ,the term behavioral or psychological experiment or research means the study1 including through human experimentation1 of overt or observable actions or mental phenomena inferred from behavior1 including interactions between and among individuals and the activities of social groups4 7#b7 ,child ,the term child has the meaning given such term in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja74 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,compulsive usage ,the term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior causing psychological distress1 loss of control1 anxiety1 depression1 or harmful stress responses4 7#e7 ,independent review board ,the term independent review board means a board1 committee1 or other group that serves to protect the welfare and privacy of users and is 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 of1 a large online operator1 involving human subjects4 7#f7 ,informed consent ,the term informed consent-- 7,a7 means the express1 affirmative consent freely given by a user1 in which such user is provided a clear and conspicuous description-- 7i7 of a process by which a user is provided adequate information prior to being included in any behavioral or psychological experiment or research in order to allow for an informed decision about voluntary participation in such behavioral or psychological research experiment or research2 and 7ii7 ensuring the understanding by such user of the furnished information and any associated benefits1 risks1 or consequences of participation prior to obtaining the voluntary agreement to participate by the user2 and 7,b7 does not include-- 7i7 the consent of a child2 or 7ii7 the consent to a provision contained in a general contract or service agreement4 7#g7 ,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#h7 ,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 an email service4 7#i7 ,user ,the term user means any individual who engages with an online service4 7#aj7 ,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 user 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 ,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 experiment or research of users of an online service1 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 a child1 with the purpose or substantial effect of causing1 increasing1 or encouraging compulsive usage1 inclusive of 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 experiment or research based on the activity or data of its users shall do each of the following3 7#a7 ,the large online operator shall disclose to its users on a routine basis1 but not less than once each #ij days1 the general purpose of any such behavioral or psychological experiment or research1 to each user whose user data is or was during the previous #ij-;day period subject to or included in any behavioral or psychological experiment or research4 7#b7 ,the large online operator shall 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 disclosure4 7#c7 ,the large online operator shall present the disclosures described 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 obscured4 7#d7 7,a7 ,subject to subparagraph 7,b71 the large online operator shall remove and delete all data obtained from affected users in the course of behavioral or psychological experiment or research if the large online operator-- 7i7 determines 7or determines that it has reason to believe7 that the informed consent for the processing of user data for such behavioral or psychological experiment or research was inappropriately acquired from such users2 and 7ii7 is unable to obtain within #b business days of such determination the appropriate informed consent4 7,b7 ,if the large online operator is unable to remove and delete user data pursuant to subparagraph 7,a71 the large online operator shall discontinue the related behavioral or psychological experiment or research4 7#e7 ,the large online operator shall establish an ,independent ,review ,board for any behavioral or psychological experiment or 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 experiment or research4 7#f7 ,the large online operator shall ensure that any ,independent ,review ,board established under paragraph 7#e7 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 ensure 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 contractually 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-- 7i7 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,b72 and 7ii7 notify the ,commission of such guidance and bright-line rules4 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 a child1 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 practices 7,a7 ,in general ,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-- 7i7 has the purpose1 or substantial effect1 of subverting or impairing user autonomy1 decision-making1 or choice to obtain consent or user data2 or 7ii7 has the purpose1 or substantial effect1 of cultivating compulsive usage by a child4 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this ,act and the regulations promulgated 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 ,act4 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,d7 ,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-- 7i7 establish rules and procedures for obtaining the informed consent of users2 7ii7 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 7iii7 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 7iv7 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 a child1 such as-- 7,i7 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 7,,ii7 algorithms or data outputs outside the control of a large online operator or its affiliates2 and 7,,iii7 establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability4 7#c7 ,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