,,ii #aahth ,,congress #ast ,session ,s4 #bbbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aa1 #bjbc,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 covered entities 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 ,code1 with regard to a covered entity that publishes or has published a terms of service-- 7#a7 that requires the covered entity to include a truthful and non-misleading short-form terms of service summary statement on the website of the entity2 7#b7 that requires the covered entity to include a truthful and non-misleading graphic data flow diagram on the website of the entity2 and 7#c7 that requires the covered entity to display the full terms of service of the entity in an interactive data format4 7b7 ,no ,new ,contractual ,obligation ,the requirement to include a summary statement described in subsection 7a77#a7 does not create any new contractual obligation4 7c7 ,requirements for short-,form terms of service summary statement 7#a7 ,in general ,the short-form terms of service summary statement described in subsection 7a77#a7-- 7,a7 shall be accessible to individuals with low levels of literacy and individuals with disabilities1 be machine readable1 and include tables1 graphic icons1 hyperlinks1 or other means as the ,commission may require2 and 7,b7 may be presented differently 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 described in subsection 7a77#a7 shall be placed at the top of the permanent terms of service page of the covered entity1 and the graphic data flow diagram described in subsection 7a77#b7 shall be located immediately below such summary statement4 7#c7 ,contents of summary statement ,the summary statement described in subsection 7a77#a7 shall include the following3 7,a7 ,the categories of sensitive information that the covered entity processes4 7,b7 ,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,c7 ,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 or sale by the covered entity of the content of the user1 and any waiver of moral rights4 7,d7 ,historical versions of the terms of service and change logs4 7,e7 ,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,f7 ,a list of data breaches from the previous #c years reported to consumers under existing ,federal and ,state laws4 7,g7 ,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,h7 ,any other information the ,commission determines to be necessary if that information is included in the terms of service by the covered entity4 7#d7 ,additional information required by the ,commission ,in the rule issued under subsection 7a71 the ,commission shall include a list of other information the ,commission determines to be necessary under paragraph 7#c77;,h74 7d7 ,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 the sensitive information of a user is shared with a subsidiary or corporate affiliate of such entity and how such sensitive information is shared with third parties4 7e7 ,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 7f7 ,enforcement 7#a7 ,enforcement by the ,commission 7,a7 ,unfair or deceptive acts or practices ,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 7i7 ,in general ,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 section4 7ii7 ,privileges and immunities ,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 7iii7 ,authority persevered ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7#b7 ,enforcement by ,states 7,a7 ,in 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 attorney general of 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-- 7i7 to enjoin that practice2 7ii7 to enforce compliance with this section2 7iii7 to obtain damages1 restitution1 or other compensation on behalf of such residents2 and 7iv7 to obtain such other relief as the court may consider to be appropriate4 7,b7 ,rights of the ,commission 7i7 ,notice to the ,commission 7,i7 ,in general ,except as provided in subclause 7,,iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under subparagraph 7,a7 before initiating the civil action4 7,,ii7 ,contents ,the notification required by subclause 7,i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7,,iii7 ,exemption ,if it is not feasible for the attorney general of a ,state to provide the notification required by subclause 7,i7 before initiating a civil action under subparagraph 7,a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7ii7 ,intervention by the ,commission ,the ,commission may-- 7,i7 intervene in any civil action brought by the attorney general of a ,state under subparagraph 7,a72 and 7,,ii7 upon intervening-- 7aa7 be heard on all matters arising in the civil action2 and 7bb7 file petitions for appeal4 7,c7 ,construction ,nothing in this paragraph may be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7i7 conduct investigations2 7ii7 administer oaths or affirmations2 or 7iii7 compel the attendance of witnesses or the production of documentary and other evidence4 7,d7 ,actions by the ,commission ,in any case in which an action is instituted by or on behalf of the ,commission for a violation of this section or a regulation promulgated under this section1 a ,state may not1 during the pendency of that action1 institute a separate action under subparagraph 7,a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7,e7 ,venue2 ,service of process 7i7 ,venue ,any action brought under subparagraph 7,a7 may be brought in-- 7,i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7,,ii7 another court of competent jurisdiction4 7ii7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7,i7 is an inhabitant2 or 7,,ii7 may be found4 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 service 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 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#d7 ,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 7commonly known as ,,xml71 that is a standardized list of electronic tags that mark the information described in subsection 7c77#c7 within the terms of service of a covered entity4 7#e7 ,moral rights ,the term moral rights means the rights conferred by section #ajf;,a7a7 of title #ag1 ,united ,states ,code4 7#f7 ,process ,the term process means any operation or set of operations performed on sensitive information1 including collection1 analysis1 organization1 structuring1 retaining1 using1 or otherwise handling sensitive information4 7#g7 ,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 history1 which means information revealing online activities over time or across websites or online services not owned or operated by the covered entity4 7#h7 ,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#i7 ,third party ,the term third party means1 with respect to a covered entity1 a person-- 7,a7 to which the covered entity disclosed sensitive information2 and 7,b7 that 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