,,ii #aagth ,,congress #b;d ,session ,s4 #ecci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ba1 #bjbb ,mr4 ,coons 7for himself1 ,mr4 ,portman1 ,ms4 ,klobuchar1 and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to support research about the impact of digital communication platforms on society by providing privacy-protected1 secure pathways for independent research on data held by large internet companies4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,platform ,accountability and ,transparency ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,qualified research projects1 qualified researchers1 and qualified data and information4 ,sec4 #d4 ,obligations and immunity for platforms4 ,sec4 #e4 ,obligations and immunity for qualified researchers4 ,sec4 #f4 ,reporting4 ,sec4 #g4 ,enforcement4 ,sec4 #h4 ,amendment to the ,communications ,decency ,act4 ,sec4 #i4 ,establishing a safe harbor for research on social media platforms4 ,sec4 #aj4 ,rulemaking authority4 ,sec4 #aa4 ,authorization of appropriations4 ,sec4 #ab4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,chair ,the term ,chair means the ,chair of the ,federal ,trade ,commission4 7#c7 ,,nsf ,the term ,,nsf means the ,national ,science ,foundation4 7#d7 ,personal information ,the term personal information means any information1 regardless of how the information is collected1 inferred1 or obtained that is linked or reasonably linkable to a specific consumer or consumer device4 7#e7 ,platform ,the term platform means any entity subject to the jurisdiction of the ,federal ,trade ,commission under section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 that-- 7,a7 operates a website1 desktop application1 augmented or virtual reality application1 or mobile application that-- 7i7 permits a person to become a registered user1 establish an account1 or create a profile for the purpose of allowing the user to create1 share1 and view user-generated content through such an account or profile2 7ii7 enables one or more users to generate content that can be viewed by other users of the platform2 and 7iii7 primarily serves as a medium for users to interact with content generated by other users of the platform and for the platform to deliver ads to users2 and 7,b7 has at least #ej1jjj1jjj unique monthly users in the ,united ,states for a majority of the months in the most recent #ab-month period4 7#f7 ,qualified data and information 7,a7 ,in general ,subject to subparagraph 7,b71 the term qualified data and information means data and information from a platform-- 7i7 that the ,,nsf determines is necessary to allow a qualified researcher to carry out a qualified research project2 and 7ii7 that-- 7,i7 is feasible for the platform to provide2 7,,ii7 is proportionate to the needs of the qualified researchers to complete the qualified research project2 7,,iii7 will not cause the platform undue burden in providing the data and information to the qualified researcher2 and 7,,iv7 would not be otherwise available to the qualified researcher4 7,b7 ,exclusions ,such term does not include any of the following3 7i7 ,direct and private messages between users4 7ii7 ,biometric information1 such as a fingerprint1 voiceprint1 eye retinas1 irises1 or other unique biological patterns or characteristics4 7iii7 ,precise geospatial information4 7#g7 ,qualified researcher 7,a7 ,in general ,subject to subparagraph 7,b71 the term qualified researcher means a researcher affiliated with a ,united ,states university or a ,united ,states nonprofit organization 7as described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf7 that is specifically identified in a research proposal that is approved as a qualified research project pursuant to section #c4 7,b7 ,exclusion ,such term does not include a researcher who is affiliated with a ,federal1 ,state1 local1 or tribal law enforcement or intelligence agency4 7#h7 ,qualified research project ,the term qualified research project means a research plan that has been approved pursuant to section #c4 7#i7 ,state ,the term ,state means each of the #ej ,states of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,virgin ,islands1 ,american ,samoa1 ,guam1 and the ,northern ,mariana ,islands4 7#aj7 ,user ,the term user means a person that uses a platform for any purpose1 including advertisers and sellers1 regardless of whether that person has an account or is otherwise registered with the platform4 #c4 ,qualified research projects1 qualified researchers1 and qualified data and information 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,,nsf and the ,commission shall jointly establish a research program to review research applications for approval as qualified research projects4 7b7 ,research program requirements ,the research program established by the ,,nsf and the ,commission under this section shall-- 7#a7 provide that the ,,nsf shall-- 7,a7 establish a process to solicit research applications in order to identify qualified research projects2 7,b7 review research applications for scientific merit2 7,c7 ensure research applications identify proposed qualified researchers2 7,d7 publish guidelines and criteria to be used by the ,,nsf in determining how it will review research applications seeking approval to be a qualified research project2 7,e7 identify1 in consultation with the ,commission1 what data and information in a platform's possession will be qualified data and information for the purposes of carrying out a qualified research project2 7,f7 ensure that approved research applications do not request data described in section #b7f77;,b72 and 7,g7 prescribe and publish guidelines and criteria1 in consultation with the ,commission1 used to determine how the ,,nsf and ,commission will identify qualified data and information necessary to conduct a qualified research project2 7#b7 provide that the ,commission shall-- 7,a7 review research applications for privacy and cybersecurity risks2 7,b7 establish appropriate privacy and cybersecurity safeguards that a platform must implement in the provision of1 and with which qualified researchers must comply to access1 qualified data and information that a platform is required to share with qualified researchers pursuant to a qualified research project1 and such safeguards-- 7i7 must account for the relative sensitivity of the qualified data and information involved and be sufficient to protect such data and information2 and 7ii7 may include alternative protections1 as appropriate and in consideration of the aims of the qualified research project1 including-- 7,i7 encryption of the data in transit and when not in use2 7,,ii7 delivery of the data in a format that employs methods to prevent qualified researchers from identifying individuals in the dataset2 7,,iii7 data access logs2 and 7,,iv7 keystroke logs2 7,c7 in the case of each qualified research project1 consider whether to require the platform to provide a secure physical or virtual environment to facilitate delivery of the qualified data and information2 7,d7 establish appropriate privacy and cybersecurity safeguards that a qualified researcher must implement when receiving1 storing1 or analyzing qualified data and information or generating new data using such qualified data and information1 including inferential data based on such qualified data and information1 and such safeguards may include a requirement that a qualified researcher delete qualified data and information after completion of a qualified research project1 however any such safeguard must provide the qualified researcher the ability to retain enough information about the qualified data and information to allow the researcher or their peers to recreate the qualified research project upon request to1 and approval from1 the ,,nsf and ,commission pursuant to this section2 7,e7 publish a list of criteria for determining the privacy and cybersecurity safeguards required for qualified data and information related to a qualified research project2 7,f7 provide platforms with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project2 7,g7 provide researchers with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project2 7,h7 establish a process to ensure that qualified researchers will be able to comply with any such privacy and cybersecurity safeguards2 and 7,i7 publish a list of criteria for determining whether qualified researchers will be able to comply with any such privacy and cybersecurity safeguards2 7#c7 provide that a research application may not be denied on grounds of the race1 color1 age1 sex1 national origin1 political affiliation1 or disability of the researcher2 7#d7 provide that a research application shall not be approved as a qualified research project unless it-- 7,a7 has been approved by an institutional review board2 7,b7 has been deemed exempt from institutional review board review2 or 7,c7 is excluded from the criteria for institutional review board review2 7#e7 provide a platform the opportunity to comment on and appeal the approval of a qualified research project for which the platform is required to provide qualified data and information to the ,,nsf and ,commission on the grounds that-- 7,a7 the platform cannot provide the qualified data and information2 7,b7 providing access to the qualified data and information would lead to significant vulnerabilities in the security of the platform's service or user privacy2 or 7,c7 the privacy and cybersecurity safeguards established by the ,commission are not sufficient to protect the qualified data and information2 and 7#f7 require that any analysis by a qualified researcher derived from a qualified research project that the qualified researcher intends to publish undergo prepublication review by the ,commission to ensure that the analysis does not expose personal information1 or trade secrets4 7c7 ,qualified researcher capacity ,a qualified research project may not proceed unless the proposed qualified researchers can demonstrate that they have the capacity to comply with the privacy and cybersecurity safeguards established for the qualified research project4 7d7 ,aim of project ,a research application shall not be approved as a qualified research project unless it is in the public interest1 aims to study activity on a platform1 and is used for noncommercial purposes4 7e7 ,no judicial review ,a determination by the ,commission and the ,,nsf under this section regarding whether a research application will be deemed a qualified research project shall not be subject to judicial review4 7f7 ,no government access ,if a platform provides qualified data and information to a qualified researcher1 no government entity may seek access to such qualified data and information from the qualified researcher4 7g7 ,researcher consortia ,the ,commission and ,,nsf shall establish procedures and necessary safeguards under this section that allow for consortia of researchers to apply to seek data for the purpose of conducting a series of qualified research projects4 #d4 ,obligations and immunity for platforms 7a7 ,provision of qualified data and information ,a platform shall provide access to qualified data and information relating to a qualified research project to a qualified researcher under the terms and privacy and cybersecurity safeguards dictated by the ,commission for the purpose of carrying out the qualified research project4 7b7 ,continued access to qualified data and information 7#a7 ,in general ,a platform may not restrict or terminate a qualified researcher's access to qualified data and information for an ongoing qualified research project unless the platform has a reasonable belief that the qualified researcher is not acting in accordance with the cybersecurity and privacy safeguards required for the qualified research project4 7#b7 ,notice and review of change to access ,if a platform restricts or terminates a qualified researcher's access to qualified data and information for an ongoing qualified research project-- 7,a7 the platform shall1 within a reasonable time 7as established by the ,commission71 inform the ,commission in writing that the platform has restricted or terminated the qualified researcher's access to the qualified data and information2 and 7,b7 the ,commission shall promptly review the platform's decision and determine whether the qualified researcher has violated the privacy and cybersecurity safeguards established for the qualified research project4 7c7 ,notice to platform users ,the ,commission shall issue regulations requiring that platforms1 through posting of notices or other appropriate means1 keep users informed of their privacy protections and the information that the platform is required to share with qualified researchers under this ,act4 7d7 ,safe harbor ,no cause of action under ,state or ,federal law arising solely from the release of qualified data and information to qualified researchers in furtherance of a qualified research project may be brought against any platform that complies with the ,act4 7e7 ,right of review ,if a platform fails to provide all of the qualified data and information required under the terms of a qualified research project to the qualified researcher conducting the project1 the qualified researcher or the researcher's affiliated university or nonprofit organization may bring an action in district court for injunctive relief or petition the ,commission to bring an enforcement action against the platform4 7f7 ,security ,nothing in this ,act shall be construed to restrict a platform's ability to3 7#a7 ,take immediate steps to protect an interest that is essential for the life or physical safety of a natural person4 7#b7 ,respond to security incidents1 identity theft1 fraud1 harassment1 malicious or deceptive activities1 or illegal activity1 preserve the integrity of security of systems1 or investigate or report those responsible for such actions4 #e4 ,obligations and immunity for qualified researchers 7a7 ,scope of permitted use of qualified data and information ,each qualified researcher who accesses qualified data and information shall use the qualified data and information-- 7#a7 only for the purposes of conducting research authorized under the terms of the qualified research project involved2 and 7#b7 in accordance with the privacy and cybersecurity safeguards prescribed by the ,commission for the qualified research project4 7b7 ,protection of personal information ,a qualified researcher that is provided access to qualified data and information for purposes of a qualified research project may not-- 7#a7 attempt to reidentify1 disclose1 publish1 or use for commercial purpose personal information derived from such qualified data and information2 or 7#b7 disclose such qualified data and information to a third party for any reason4 7c7 ,effect of violation of information and privacy standards ,qualified researchers who intentionally1 recklessly1 or negligently violate the privacy and cybersecurity safeguards prescribed by the ,commission for a qualified research project may be subject to both civil and criminal enforcement1 under applicable ,federal1 ,state1 and local laws4 ,the ,commission may refer any such violation to the ,department of ,justice or the appropriate ,state law enforcement agency4 #f4 ,reporting ,not later than #bd months after the date of enactment of this ,act1 and annually thereafter1 the ,,nsf and the ,commission shall submit to the ,congress a joint report regarding the operation of this ,act1 which shall include a detailed statement of all qualified research projects1 including with respect to each such project3 7#a7 ,the identity of any authorized qualified researcher and the institution the researcher is affiliated with4 7#b7 ,the platforms required to provide qualified data and information to qualified researchers4 7#c7 ,the categories of qualified data and information each platform was required to provide4 7#d7 ,the terms of the privacy and cybersecurity safeguards prescribed by the ,commission to ensure the security of the qualified data and information4 7#e7 ,any recommendations for improvements to the operation of this ,act in order to facilitate its aim of providing enhanced platform transparency4 #g4 ,enforcement 7a7 ,unfair or deceptive act or practice 7#a7 ,in general ,a platform's failure to comply with subsection 7a7 or 7b7 of section #d1 or a qualified researcher's failure to comply with subsection 7a7 or 7b7 of section #e1 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 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce the provisions of this ,act specified in paragraph 7#a7 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 that violates the provisions of this ,act specified in paragraph 7#a7 shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7b7 ,regulations ,the ,commission shall have the authority to promulgate1 in the manner prescribed by #e ,u4,s4,c4 #eec1 such rules and regulations as it may deem necessary to carry out its responsibilities under this ,act4 7c7 ,civil enforcement authority ,whenever the ,commission shall have reason to believe that a platform or qualified researcher has been or is in violation of any provision of this ,act1 the ,commission may commence a civil action in a district court of the ,united ,states for an injunction against the platform or qualified researcher4 ,remedies in an injunctive action brought by the ,commission are limited to an order enjoining1 restraining1 or preventing any act or practice that constitutes a violation of this ,act and imposing a civil penalty of up to #aj1jjj for each violation1 which shall accrue to the ,united ,states and may be recovered in a civil action brought by the ,attorney ,general of the ,united ,states4 ,such penalty shall be in addition to other penalties as may be prescribed by law4 7d7 ,attorney's fees and other costs ,in the event any enforcement action is appealed1 the prevailing party in the action may1 in the discretion of the court1 recover the costs of the action including reasonable investigative costs and attorneys' fees4 #h4 ,amendment to the ,communications ,decency ,act ,section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a77 is amended-- 7#a7 by striking ,no provider or user and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 no provider or user 2 and 7#b7 by adding at the end the following3 7,b7 ,data access and transparency compliance 7i7 ,definitions ,in this subparagraph1 the terms platform1 qualified data and information1 qualified researcher1 and qualified research project have the meanings given those terms in section #b of the ,platform ,accountability and ,transparency ,act4 7ii7 ,exception to immunity ,subparagraph 7,a7 shall not apply with respect to a claim against a provider of an interactive computer service in a civil action if-- 7,i7 the provider is a platform that has been determined by a final order of the ,federal ,trade ,commission or a ,federal court to have failed to provide qualified data and information pursuant to a qualified research project1 in violation of section #f7;a7 of the ,platform ,accountability and ,transparency ,act2 and 7,,ii7 this failure to comply was a direct and substantial contributor to the harm alleged by the claimant that is the basis for the claim to relief4 4 #i4 ,establishing a safe harbor for research on social media platforms 7a7 ,in general ,no civil claim will lie1 nor will any criminal liability accrue1 against any person for collecting covered information as part of a news-gathering or research project on a platform1 so long as-- 7#a7 the information is collected through a covered method of digital investigation2 7#b7 the purpose of the project is to inform the general public about matters of public concern2 7#c7 with respect to information that is collected through a covered method of digital investigation-- 7,a7 the information is not used except to inform the general public about matters of public concern2 and 7,b7 the person takes reasonable measures to protect the privacy of the platform's users2 7#d7 with respect to the creation and use of a research account1 the person takes reasonable measures to avoid misleading the platform's users2 and 7#e7 the project does not materially burden the technical operation of the platform4 7b7 ,regulations ,no later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate regulations under section #eec of title #e-- 7#a7 defining covered method of digital investigation1 which phrase1 as defined1 must encompass-- 7,a7 the collection of data from a platform's user-facing interface through automated means2 7,b7 the collection of data donated by a user1 including through a browser extension or plug-in1 where the donation is in connection with the project and with the user's explicit consent2 and 7,c7 the creation or use of research accounts2 7#b7 defining covered information1 which phrase1 as defined1 must encompass-- 7,a7 publicly available information1 except that such term should not exclude data merely because an individual must log into an account in order to see it2 7,b7 information about ads shown on the platform1 including the ads themselves1 the advertiser's name and disclosure string1 and information the platform provides to users about how an ad was targeted2 and 7,c7 any other category of information the collection of which the ,commission determines1 consistent with paragraph 7#c71 will not unduly burden user privacy2 7#c7 defining reasonable measures to protect the privacy of the platform's users under subsection 7a77#c71 including by specifying the measures that must be taken to-- 7,a7 avoid the collection and retention of non-public information that would readily identify a user without that user's consent2 7,b7 prevent the theft and accidental disclosure of any data collected2 7,c7 ensure that the data at issue is not used for any purpose other than to inform the general public about matters of public concern2 and 7,d7 restrict the publication or other disclosure of any data that would readily identify a user without the user's consent1 except when such user is-- 7i7 an advertiser and the data concerns an advertisement2 or 7ii7 a public official1 candidate for public office1 or public figure2 7#d7 defining reasonable measures to avoid misleading the platform's users under subsection 7a77#d72 and 7#e7 defining materially burden the technical operation of a platform under subsection 7a77#e74 7c7 ,amendment of regulations ,the ,commission may1 as necessary1 in consultation with relevant stakeholders1 amend regulations promulgated pursuant to subsection 7b7 to the extent such amendment will accomplish the purposes of this section4 7d7 ,reporting ,in ,december of each calendar year beginning with calendar year #bjbc1 the ,commission shall require each operator of any platform to submit an annual report to the ,commission that addresses whether the measures prescribed under subsections 7b77#c7 and 7b77#d7 of this section are adequately protecting the platform's users4 7e7 ,definition of research account ,for purposes of this section1 the term research account means an account on a platform that is created and used solely for the purposes of a news-gathering or research project that meets the requirements of subsection 7a7 and for no longer than is necessary to complete such project4 #aj4 ,rulemaking authority 7a7 ,additional reporting requirements 7#a7 ,in general ,in consultation with the ,,nsf1 the ,commission may1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations that require platforms to make available to qualified researchers data1 metrics1 or other information that the ,commission determines will facilitate independent research in the public interest into activity on platforms4 7#b7 ,factors ,in exercising its authority under this subsection1 the ,commission shall consider the extent to which disclosures under this subsection may facilitate collaboration amongst qualified researchers and alleviate burdens on platforms and qualified researchers as compared to qualified research projects conducted pursuant to section #c4 7#c7 ,form and frequency2 retention of information ,the ,commission shall specify in the regulations the required form and frequency of reporting or disclosures1 as well as how long information should be retained and made available4 ,it may require the information be provided in a form that is accessible for analysis by qualified researchers1 such as through an application programming interface4 7#d7 ,consultation ,the ,commission shall further consult with the ,national ,institutes of ,health and other relevant government agencies1 as appropriate1 in exercising its authority under this subsection4 7#e7 ,applicability of prior sections ,the ,commission shall establish privacy and cybersecurity safeguards applicable to platforms and qualified researchers for data made available to qualified researchers under this section in the manner described in section #c for data made available under that section4 ,the obligations and immunities for platforms and qualified researchers described in sections #d and #e shall apply to data disclosed to qualified researchers under this section1 and the provisions of section #g may be invoked to enforce this section4 7b7 ,transparency of certain content and user accounts 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations to require platforms to make available to the public on an ongoing basis1 in a specific section of their online interface1 through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces1 a repository containing information regarding reasonably public content on the platform that-- 7,a7 has been highly disseminated2 or 7,b7 was originated or spread by major public accounts4 7#b7 ,disclosure of public content samplings ,the regulations issued under paragraph 7#a7 shall further require platforms to disclose on an ongoing basis statistically representative samplings of reasonably public content1 including1 at a minimum1 a sampling that is weighted by the number of impressions the content receives4 7#c7 ,required information ,the information required to be disclosed about content described in paragraphs 7#a7 and 7#b7 shall include1 as appropriate-- 7,a7 the user-generated content itself1 including any text1 images1 videos1 links1 and keywords2 7,b7 platform-generated content displayed in connection with the user-generated content1 including any dates1 labels1 disclaimers1 or metrics2 7,c7 metrics about the extent of dissemination of or engagement with the content1 including the number of impressions1 reach1 and engagements2 7,d7 information about the extent to which the content was recommended1 amplified1 or restricted by platform algorithms or policies2 7,e7 reasonably public information about the user accounts responsible for the content2 and 7,f7 public uniform resource locators that uniquely link to the content and identify related materials such as the parent content1 replying content1 and cross-posted content4 7#d7 ,highly disseminated content ,as part of the regulations issued under paragraph 7#a71 the ,commission shall define highly disseminated according to metrics that the ,commission deems appropriate 7which may include engagement1 views1 reach1 impressions1 or other metrics71 provided that a piece of content must have been viewed by at least #aj1jjj unique users to qualify4 7#e7 ,major public accounts ,as part of the regulations issued under paragraph 7#a71 the ,commission shall define major public accounts as it deems appropriate1 provided that1 at a minimum1 major public accounts are restricted to reasonably public accounts whose content is followed by at least #be1jjj users or otherwise regularly reaches at least #be1jjj users per month4 7#f7 ,treatment of content that has been removed ,the regulations described in paragraph 7#a7 shall provide guidance regarding disclosure of content that is removed by the user or platform subsequent to its dissemination4 7#g7 ,frequency ,to the extent practicable1 the ,commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraphs 7#a7 and 7#b74 7c7 ,transparency of advertising 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations to require platforms to disclose on an ongoing basis information regarding advertising on the platform4 ,these regulations shall require platforms to compile and disclose publicly in a specific section of their online interface1 through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces1 a repository containing the information referred to in paragraph 7#b71 for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online interfaces4 ,platforms shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented4 7#b7 ,information required ,the information required to be included in the repository required under paragraph 7#a7 shall include at least all of the following information3 7,a7 ,the content of the advertisement1 including the name of the product1 service or brand and the subject matter of the advertisement4 7,b7 ,the natural or legal person on whose behalf the advertisement is presented4 7,c7 ,the natural or legal person who paid for the advertisement1 if that person is different from the person referred to in subparagraph 7,b74 7,d7 ,the period during which the advertisement was presented4 7,e7 ,whether the advertisement was intended to be presented specifically to one or more particular groups of recipients of the service and if so1 the main parameters used for that purpose including where applicable the main parameters used to exclude one or more of such particular groups4 7,f7 ,the total number of recipients of the service reached and1 where applicable1 aggregate numbers broken down by group or groups of recipients that the advertisement specifically targeted4 7,g7 ,information about the extent to which the advertisement was recommended1 amplified1 or restricted by platform algorithms or policies4 7#c7 ,treatment of removed ads ,the regulations described in paragraph 7#a7 shall provide guidance regarding disclosure of ads that are removed by the user or platform subsequent to its dissemination4 7#d7 ,frequency ,to the extent practicable1 the ,commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraph 7#b74 7d7 ,transparency of algorithms and company metrics and data 7#a7 ,in general ,not later than #a year after enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations to require platforms to report publicly on their use of recommender or ranking algorithms and metrics4 7#b7 ,required information ,the reporting required under paragraph 7#a7 shall be at least semiannual and include1 as appropriate-- 7,a7 a description of all consumer-facing product features that made use of recommender or ranking algorithms during the reporting period2 7,b7 a summary of signals used as inputs to the described recommender or ranking algorithms1 including an explanation of which rely on user data1 an explanation of the types of user data relied upon1 and ranked based on the significance of their impact on the algorithms' outputs2 7,c7 a summary of the processes or predictions used by the platform to assess the signals incorporated into the recommender or ranking algorithm and to score or rank content 7such as predictions of future user engagement71 ranked based on the significance of their impact on the algorithms' outputs2 7,d7 a summary of the optimization objectives of the described recommender or ranking algorithms2 7,e7 a summary of metrics calculated by the platform to assess product changes or new features1 or as a basis to assess performance or calculate employee or executive compensation1 with an assessment of their relative importance in company decision making2 7,f7 significant changes during the reporting period from the last report2 and 7,g7 other information about the recommender or ranking algorithms that the ,commission deems appropriate4 7#c7 ,implementation ,in implementing this section1 the ,commission shall ensure that the reporting is useful and actionable while ensuring that platforms are not required to disclose trade secrets4 7e7 ,transparency of content moderation and violating content 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations to require platforms to report on an ongoing basis information regarding content moderation and content violating platform policies4 7#b7 ,required information ,the information required to be disclosed under paragraph 7#a7 shall include1 as appropriate-- 7,a7 statistics regarding the amount of content that the platform determined violated its policies1 broken down by-- 7i7 the violated policy2 7ii7 the action taken in response to the violation2 7iii7 the methods the platform used to identify the violating content 7such as artificial intelligence1 user report1 human moderator review1 or other means72 7iv7 the extent to which the content was recommended1 amplified1 or restricted by platform algorithms or policies2 and 7v7 geographic and demographic factors as the ,commission deems appropriate2 7,b7 statistics regarding the number of times violating content was viewed by users and the number of users who viewed it2 7,c7 estimates by the platform about the prevalence of violating content 7including as measured by the number of impressions of violating content71 broken down by-- 7i7 the violated policy2 7ii7 geographic and demographic factors2 and 7iii7 other factors the ,commission deems appropriate2 and 7,d7 the number of orders received from governmental authorities1 categorized by the type of illegal content concerned1 and the average time needed for taking the action specified in those orders4 7f7 ,data dictionaries ,not later than #a year after the date of enactment of this ,act1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 and subject to subsection 7g71 issue regulations to require platforms to disclose1 and update periodically1 data dictionaries to inform and facilitate researcher data access requests4 ,such data dictionaries shall include descriptions of significant datasets in the platform's possession relating to content on1 or users of1 the platform1 enforcement of content policy1 or advertising1 as necessary or appropriate to inform and facilitate researcher data access requests4 7g7 ,privacy1 confidentiality1 and platform integrity ,the ,commission shall ensure that any reporting or disclosures required pursuant to this section do not infringe upon reasonable expectations of personal privacy of users of platforms or of other persons1 or require dissemination of trade secrets4 ,if necessary1 the ,commission may require withholding of information otherwise required to be disclosed to meet this requirement4 ,the ,commission shall further consider the effect of disclosures on risks to platform integrity or the susceptibility of the platform to manipulation or inauthentic behavior1 and may limit or reduce the information required to be disclosed if necessary to address a substantial such risk4 7h7 ,variation ,in implementing this section1 the ,commission may vary the requirements it imposes on platforms based on the size of the platform and scope of its services4 7i7 ,definitions ,in this section3 7#a7 ,engagement ,the term engagement means1 with respect to content on a platform1 the number of times a user interacts with the content1 whether through comments1 indications of approval or disapproval 7such as likes or dislikes71 reshares1 or any other form of active interaction4 7#b7 ,impression ,the term impression means1 with respect to content on a platform1 the display or delivery of the content to a user1 regardless of whether the user engages with the content4 7#c7 ,prevalence of violating content ,the term prevalence of violating content means a platform's estimate of the number of impressions of violating content among its users1 regardless of whether the platform ever identifies that particular content as violating4 7#d7 ,reach ,the term reach means1 with respect to content on a platform1 the number of users to whom the content is displayed or delivered during a particular period1 regardless of how many times it is delivered to them4 7#e7 ,real-time understanding ,the term real-time understanding means an understanding of content on a platform that is up to date within less than #bd hours4 7#f7 ,reasonably public ,the term reasonably public means information that the author made available in a manner and under such circumstances such that the author does not retain a reasonable expectation of privacy in the information4 ,the fact that a user may need to register or create an account with a platform to view information does not preclude it from being deemed reasonably public4 7#g7 ,recommender or ranking algorithm ,the term recommender or ranking algorithm means a fully or partially automated system used by a platform to suggest in its online interface specific information to recipients of the service offered by the platform1 or to prioritize that information1 including as a result of a search initiated by the recipient of the service or otherwise determining the relative order or prominence of information displayed4 ,this includes any 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 a platform1 including the provision of commercial content1 the display of social media posts1 recommendations of user or group accounts to follow or associate with1 or any other method of content selection1 amplification1 or restriction4 #aa4 ,authorization of appropriations ,there are authorized to be appropriated to the ,,nsf and the ,commission such sums as are necessary to carry out this ,act for fiscal year #bjbb and each succeeding fiscal year4 #ab4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the remaining provisions of this ,act1 to any person or circumstance1 shall not be affected4