,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ceja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #ac   
7legislative day1 ,january #aj71        
#bjbb,mr4 ,cassidy 7for himself and ,mr4
 ,lujn7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to require 
the ,federal ,trade ,commission to issue
 a short-form terms of service summary  
statement1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,terms-of-service ,labeling1        
,design1 and ,readability ,act or the   
,,tldr ,act4  #b4 ,standard terms of    
service summary statement  7a7 ,deadline
 for terms of service summary statement 
,not later than #cfj days after the date
 of the enactment of this ,act1 the     
,commission shall issue a rule under    
section #eec of title #e1 ,united       
,states ,code-- 7#a7 that requires a    
covered entity to include a short-form  
terms of service summary statement on   

the website of the entity2  7#b7 that   
requires a covered entity to include    
graphic data flow diagram on the website
 of the entity and includes guidance for
 such diagram2 and  7#c7 that requires a
 covered entity to display the full     
terms of service of the entity in an    
interactive data format4  7b7           
,requirements for short-,form terms of  
service summary statement  7#a7 ,in     
general ,the short-form terms of service
 summary statement described in         
subsection 7a7-- 7,a7 shall be easy to  
understand1 machine readable1 and may   
include tables1 graphic icons1          
hyperlinks1 or other means determined by
 the ,commission2 and  7,b7 may be      
established separately depending on the 
interface or type of device on which the
 statement is being accessed by the     
user4  7#b7 ,location of summary        
statement and graphic data flow diagram 
,the summary statement shall be placed  
at the top of the permanent terms of    
service page of the covered entity and  

any graphic data flow diagram shall be  
located immediately below the statement4
  7#c7 ,contents of summary statement   
,the summary statement shall disclose   
the following3 7,a7 ,the effort required
 by a user to read the entire terms of  
service text1 such as through the total 
word count and approximate time to read 
the statement4  7,b7 ,the categories of 
sensitive information that the covered  
entity processes4  7,c7 ,the sensitive  
information that is required for the    
basic functioning of the service and    
what sensitive information is needed for
 additional features and future feature 
development4  7,d7 ,a summary of the    
legal liabilities of a user and any     
rights transferred from the user to the 
covered entity1 such as mandatory       
arbitration1 class action waiver1 any   
licensing by the covered entity of the  
content of the user1 and any waiver of  
moral rights4  7,e7 ,historical versions
 of the terms of service and change     
logs4  7,f7 ,if the covered entity      

provides user deletion services1        
directions for how the user can delete  
sensitive information or discontinue the
 use of sensitive information4  7,g7 ,a 
list of data breaches from the previous 
#c years reported to consumers under    
existing ,federal and ,state laws4  7,h7
 ,anything else determined to be        
necessary by the ,commission4  7c7      
,guidance on graphic data flow diagrams 
,not later than #cfj days after the date
 of the enactment of this ,act1 the     
,commission shall publish guidelines on 
how a covered entity can graphically    
display how sensitive information of a  
user is shared with a subsidiary or     
corporate affiliate of such the entity  
and how sensitive information is shared 
with third parties4  7d7 ,interactive   
data format terms of service ,not later 
than #cfj days after the date of the    
enactment of this ,act1 the ,commission 
shall issue a rule under section #eec of
 title #e1 ,united ,states ,code1 that  
requires a covered entity to tag        

portions of the terms of services of the
 entity according to an interactive data
 format4  7e7 ,enforcement  7#a7 ,unfair
 or deceptive acts or practices ,a      
violation of this section or a          
regulation promulgated under this       
section shall be treated as a violation 
of a regulation under section           
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b77 regarding unfair or  
deceptive acts or practices4  7#b7      
,powers of the commission ,the          
,commission shall enforce this section  
and the regulations promulgated under   
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 section1 and any person who
 violates this section or a regulation  
promulgated under this section shall be 

subject to the penalties and entitled to
 the privileges and immunities provided 
in the ,federal ,trade ,commission ,act4
  7#c7 ,enforcement by ,state ,attorneys
 ,general ,in any case in which the     
attorney general of a ,state has reason 
to believe that an interest of at least 
#a1jjj residents of that ,state has been
 or is threatened or adversely affected 
by the engagement of any person in a    
practice that violates this section or a
 regulation promulgated under this      
section1 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 of
 appropriate jurisdiction to-- 7,a7     
enjoin that practice2  7,b7 enforce     
compliance with the regulation2  7,c7   
obtain damage1 restitution1 or other    
compensation on behalf of residents of  
the ,state2 or  7,d7 obtain such other  
relief as the court may consider to be  
appropriate4  7#d7 ,notice  7,a7 ,in    
general ,before filing an action under  

paragraph 7#c71 the attorney general of 
the ,state involved shall provide to the
 ,commission-- 7i7 written notice of    
that action2 and  7ii7 a copy of the    
complaint for that action4  7,b7        
,exemption  7i7 ,in general             
,subparagraph 7,a7 shall not apply with 
respect to the filing of an action by an
 attorney general of a ,state under this
 subsection1 if the attorney general    
determines that it is not feasible to   
provide the notice described in that    
subparagraph before the filing of the   
action4  7ii7 ,notification ,in an      
action described in clause 7i71 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#e7 ,removal to ,federal court
 ,the ,commission may intervene in any  
action brought under paragraph 7#c7 and 
remove the action to the appropriate    
,united ,states district court4  7f7    
,rule of construction ,nothing in this  

section shall be construed to limit the 
authority of the ,commission under any  
other provision of law4  7g7            
,definitions ,in this section3 7#a7     
,commission ,the term ,commission means 
the ,federal ,trade ,commission4  7#b7  
,covered entity ,the term covered       
entity-- 7,a7 means any person that     
operates a website located on the       
internet or an online service1 that is  
operated for commercial purposes2 and   
7,b7 does not include a small business  
concern 7as defined in section #c of the
 ,small ,business ,act 7#ae ,u4,s4,c4   
#fcb774  7#c7 ,interactive data format  
,the term interactive data format means 
an electronic data format in which      
pieces of information are identified    
using an interactive data standard1 such
 as e,xtensible ,markup ,language       
7,,xml71 that is a standardized list of 
electronic tags that mark the           
information described in section        
#b7;b77#c7 within the terms of service  
of a covered entity4  7#d7 ,sensitive   

information ,the term sensitive         
information means any of the following3 
7,a7 ,health information4  7,b7         
,biometric information4  7,c7 ,precise  
geolocation information4  7,d7 ,social  
security number4  7,e7 ,information     
concerning the race1 color1 religion1   
national origin1 sex1 age1 or disability
 of an individual4  7,f7 ,the content   
and parties to a communication4  7,g7   
,audio and video recordings captured    
through a consumer device4  7,h7        
,financial information1 including a bank
 account number1 credit card number1    
debit card number1 or insurance policy  
number4  7,i7 ,online browsing history  
related to the information described in 
subparagraphs 7,a7 through 7,h74  7#e7  
,state ,the term ,state means each of   
the several ,states1 the ,district of   
,columbia1 each commonwealth1 territory1
 or possession of the ,united ,states1  
and each federally recognized ,indian   
,tribe4  7#f7 ,third party ,the term    
third party means1 with respect to a    

covered entity1 a person-- 7,a7 to whom 
the covered entity disclosed sensitive  
information2 and  7,b7 is not-- 7i7 the 
covered entity2  7ii7 a subsidiary or   
corporate affiliate of the covered      
entity2 or  7iii7 a service provider of 
the covered entity4