,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dhic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ca1     
#bjbd,mr4 ,cruz 7for himself1 ,mr4      
,wicker1 and ,mr4 ,schmitt7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to require online service 
providers to disclose their acceptable  
use policies1 provide users with written
 notice before the termination of a     
user's account1 and publish an annual   
report detailing actions taken to       
enforce their acceptable use policies1  
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,transparency in ,enforcement1          
,restricting1 and ,monitoring of        
,services ,act or the ,,terms ,act4  #b4
 ,purpose ,the purpose of this ,act is  
to ensure that consumers1 businesses1   
and organizations seeking to use the    
products or services of an online       
service provider have sufficient        

information regarding the online service
 provider's commercial business         
standards1 processes1 and policies with 
respect to the unilateral termination1  
suspension1 or cancellation of user     
accounts or ability to use the online   
service provider's products or services4
 ,such information allows consumers to  
make informed choices regarding their   
decision to use or purchase the services
 or products of an online service       
provider and promotes a competitive     
marketplace for such products or        
services4  #c4 ,definitions ,in this    
,act3 7#a7 ,commission ,the term        
,commission means the ,federal ,trade   
,commission4  7#b7 ,nonprofit           
organization ,the term nonprofit        
organization has the meaning given such 
term in section #bja7;i7 of title #ce1  
,united ,states ,code4  7#c7 ,online    
service provider ,the term online       
service provider-- 7,a7 means the       
provider of a public-facing website1    
online service1 or online application   

directed to a consumer or organization  
that-- 7i7 requires any person who      
wishes to use the website1 online       
service1 or online application to create
 a unique account or profile for such   
website1 service1 or application2  7ii7 
provides an internet-based product or   
service to the general public that is   
accessible through the website1 online  
service1 or online application2 and     
7iii7 is engaged in interstate or       
foreign commerce2 and  7,b7 includes any
 entity described in subparagraph 7,a71 
regardless of whether-- 7i7 offering a  
product or service to the general public
 is the sole source of income or        
principal business of such entity2 or   
7ii7 the entity earns a profit on a     
product or service4  7#d7 ,restrict ,the
 term restrict1 with respect to a user1 
means an online service provider's      
termination or suspension of a user's   
account or profile on the online service
 provider's website1 online service1 or 
online application1 or limitation of the

 user's access thereto based on a       
determination that the user violated the
 online service provider's acceptable   
use policy4  7#e7 ,user ,the term user  
means1 with respect to an online service
 provider1 a person who registers an    
account or creates a profile on the     
website1 online service1 or online      
application of the online service       
provider4  #d4 ,disclosure of acceptable
 use policies  7a7 ,in general ,not     
later than #ahj days after the date of  
enactment of this ,act and subject to   
subsection 7b71 an online service       
provider shall publicly disclose in an  
easily accessible manner1 such as within
 terms of service available on the      
online service provider's website1 an   
acceptable use policy that concisely and
 accurately describes1 in easy to       
understand language1 information        
regarding the standards1 processes1 and 
policies of the online service provider 
with respect to any decision by the     
online service provider to restrict a   

user4  7b7 ,required information ,for   
purposes of subsection 7a71 an online   
service provider shall include the      
following information in an acceptable  
use policy3 7#a7 ,an explanation of what
 specific acts or practices are         
prohibited by the online service        
provider that could lead to a decision  
by the online service provider to       
restrict a user4  7#b7 ,an explanation  
of how the online service provider      
enforces the acceptable use policy1     
including any third party the online    
service provider relies upon1 in whole  
or in part1 to assist in the enforcement
 of the acceptable use policy by the    
online service provider4  7#c7 ,either--
 7,a7 an explanation of how a user can  
appeal1 if applicable1 a decision by an 
online service provider to restrict a   
user2 or  7,b7 if the online service    
provider does not permit an appeal or   
reconsideration of a decision to        
restrict a user1 a statement that such  
decision is not appealable or subject to

 reconsideration4  7#d7 ,an explanation 
of whether acts or practices a user     
commits entirely outside of the website1
 online service1 or online application  
of the online service provider1 such as 
social media posts1 public statements1  
media publications1 and third-party     
resources1 may be a sufficient basis    
alone or in combination with other      
information to restrict a user4  7#e7   
,an explanation of the online service   
provider's standards1 processes1 and    
policies with respect to the notice     
requirement described in section #e4    
#e4 ,advance written notice prior to    
termination or suspension  7a7 ,notice  
requirement  7#a7 ,in general ,except as
 described in subsection 7b71 an online 
service provider shall provide advance  
written notice to a user in violation of
 the online service provider's          
acceptable use policy prior to          
restricting the user4  7#b7 ,required   
information ,the advance written notice 
required under paragraph 7#a7 shall     

include the following information3 7,a7 
,the specific act or practice of the    
user that led to the decision to        
restrict the user4  7,b7 ,a description 
of how the act or practice identified in
 subparagraph 7,a7 violated the         
acceptable use policy4  7,c7 ,whether   
the user has an option to appeal the    
decision1 and1 if so1 a description of  
the process for how the user can appeal 
the online service provider's decision1 
consistent with the acceptable use      
policy4  7,d7 ,a description of the     
option for the user to elect that the   
online service provider publicly        
disclose such written notice as         
described in paragraph 7#d74  7#c7      
,advance written notice  7,a7 ,in       
general ,for the purposes of this       
section1 an online service provider will
 be deemed to have provided an advance  
written notice to a user if such        
provider makes a good faith effort to   
notify the user not later than #g days  
prior to restricting the user4  7,b7    

,good faith effort ,for the purposes of 
subparagraph 7,a71 a good faith effort  
may include-- 7i7 a notification to the 
most recent email address or other      
contact information the user provided to
 the online service provider2 or  7ii7  
if the online service provider does not 
have any contact information of the     
user1 a highly visible notice that is   
displayed to the user on the online     
service provider's website1 service1 or 
application when the user next accesses 
such website1 service1 or application4  
7#d7 ,public disclosure ,an online      
service provider shall-- 7,a7 provide to
 any user issued a written notice under 
paragraph 7#a7 an option for the online 
service provider to publicly disclose   
such notice2 and  7,b7 if such user     
chooses to have such notice publicly    
disclosed1 publish such notice on the   
website of the online service provider4 
7b7 ,exceptions for court action or     
imminent risk of harm ,an online service
 provider may restrict a user without   

advance written notice if-- 7#a7 such   
restriction was done to-- 7,a7 comply   
with a lawful order of a court of       
competent jurisdiction2 or  7,b7 protect
 against an imminent risk of-- 7i7      
death2  7ii7 a serious physical injury2 
or  7iii7 a serious health risk2 and    
7#b7 the online service provider        
provides the user the information       
required by subsection 7a77#b7 and      
publicly discloses the written notice at
 the same time that the provider        
restricts the user or as soon as        
practicable thereafter4  7c7 ,effective 
date ,the requirements of this section  
shall take effect on the date that is   
#ahj days after the date of enactment of
 this ,act4  #f4 ,reporting requirements
  7a7 ,annual report ,not later than #a 
year after the date of enactment of this
 ,act and annually thereafter on a date 
to be determined by each online service 
provider1 an online service provider    
shall publish1 with an open license1 in 
both a format easily read by humans and 

a machine-readable format1 in a location
 on their public website that is easily 
accessible to users1 and consistent with
 the requirements described in          
subsections 7b7 and 7c71 a report       
detailing actions taken to enforce the  
online service provider's acceptable use
 policy4  7b7 ,report requirements ,the 
report required under subsection 7a7    
shall include the following information 
with respect to the applicable reporting
 period3 7#a7 ,the total number of      
instances in which the online service   
provider was alerted of a potential     
violation of the acceptable use policy  
by-- 7,a7 a user complaint2  7,b7 an    
employee of1 or a person contracting    
with1 the online service provider2  7,c7
 an internal automated detection tool of
 the online service provider2  7,d7 a   
government entity1 including the        
specific office or entity that alerted  
the online service provider2  7,e7 a    
nonprofit organization2 or  7,f7 any    
other person4  7#b7 ,subject to         

subsection 7c71 the number of instances 
in which the online service provider    
took steps to restrict a user1 including
 the number of instances in which the   
online service provider-- 7,a7          
terminated a user's account or profile  
on the online service provider's        
website1 online service1 or online      
application or otherwise permanently    
limited access to or use of the product 
or service of the online service        
provider2  7,b7 suspended a user's      
account or profile on the online service
 provider's website1 online service1 or 
online application2  7,c7 limited a     
user's access to the online service     
provider's website1 online service1 or  
online application2 or  7,d7 took any   
other action1 such as issuing a warning1
 in response to a violation of the      
acceptable use policy4  7#c7 ,the number
 of instances in which a user appealed  
the online service provider's decision4 
7#d7 ,the number of appeals that        
resulted in a reversal of the online    

service provider's decision4  7c7       
,categorization of actions taken ,the   
information described in subsection     
7b77#b7 shall be categorized by-- 7#a7  
the exact provision of the acceptable   
use policy that was violated by a user2 
and  7#b7 the source of the alert of the
 potential violation of the acceptable  
use policy as described in subsection   
7b77#a74  #g4 ,enforcement  7a7         
,enforcement by the ,commission  7#a7   
,unfair or deceptive acts or practices  
,a violation of 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 ,except as provided in          
subparagraph 7,c71 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 ,act4  7,b7 ,privileges and
 immunities ,except as provided in      
subparagraph 7,c71 any online service   
provider 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 ,nonprofit          
organizations ,notwithstanding section  
#d1 #e7;a77#b71 or #f of the ,federal   
,trade ,commission ,act 7#ae ,u4,s4,c4  
#dd1 #de7;a77#b71 #df7 or any           
jurisdictional limitation of the        
,commission1 the ,commission shall also 
enforce this ,act1 in the same manner   
provided in subparagraphs 7,a7 and 7,b71
 with respect to organizations not      
organized to carry on business for their
 own profit or that of their members4   
7,d7 ,authority preserved ,nothing in   

this subsection shall be construed to   
limit the authority of the ,commission  
under any other provision of law4  7b7  
,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 the      
residents of the ,state has been or is  
threatened or adversely affected by the 
engagement of any online service        
provider in a practice that violates    
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-- 7,a7 to 
enjoin further violation of this ,act by
 such online service provider2  7,b7 to 
enforce compliance with this ,act2  7,c7
 to obtain damages1 restitution1 or     
other compensation on behalf of such    
residents2 and  7,d7 to 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 action4  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 ,preemptive action by   
the ,commission ,if the ,commission     
institutes a civil action or an         
administrative action with respect to a 
violation of this ,act1 the attorney    
general of a ,state may not1 during the 
pendency of such 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 or process  7,a7 ,venue ,any    
action brought under paragraph 7#a7 may 

be brought in-- 7i7 the district court  
of the ,united ,states that meets       
applicable requirements relating to     
venue under section #acia of title #bh1 
,united ,states ,code2 or  7ii7 another 
court of competent jurisdiction4  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  7#f7 ,actions by  
other ,state officials  7,a7 ,in general
 ,in addition to civil actions brought  
by attorneys general under paragraph    
7#a71 any other officer of a ,state who 
is authorized by the ,state to do so may
 bring a civil action under paragraph   
7#a71 subject to the same requirements  
and limitations that apply under this   
subsection to civil actions brought by  
attorneys general4  7,b7 ,savings       
provision ,nothing in this subsection   
may be construed to prohibit an         
authorized official of a ,state from    
initiating or continuing any proceeding 

in a court of the ,state for a violation
 of any civil or criminal law of the    
,state4  7c7 ,commission guidance  7#a7 
,in general ,not later than #ahj days   
after the date of enactment of this     
,act1 the ,commission shall issue       
guidance to assist online service       
providers in complying with the         
requirements of this ,act1 which shall  
include the provision of best practices 
and examples4  7#b7 ,limitation on      
guidance ,no guidance issued by the     
,commission with respect to this ,act   
shall-- 7,a7 confer any rights on any   
person1 ,state1 or locality2 or  7,b7   
operate to bind the ,commission or any  
person to the approach recommended in   
such guidance4  7#c7 ,use in enforcement
 actions ,in any enforcement action     
brought pursuant to this ,act-- 7,a7 the
 ,commission or ,state attorney general1
 as applicable-- 7i7 shall allege a     
specific violation of a provision of    
this ,act2 and  7ii7 may not base such  
enforcement on1 or execute a consent    

order based on1 practices that are      
alleged to be inconsistent with any     
guidance issued by the ,commission with 
respect to this ,act1 unless the        
practices are alleged to violate a      
provision of this ,act2 and  7,b7 a     
person may use compliance with any such 
guidance as evidence of compliance with 
this ,act4