,,ii #aahth ,,congress #ast ,session ,s4 #fhh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjbc,mr4 ,scott of ,florida introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to impose notice and consent requirements on internet platforms that use algorithms to manipulate the availability of content on the platform4 #a4 ,short title ,this ,act may be cited as the ,data and ,algorithm ,transparency ,agreement ,act or the ,,data ,act4 #b4 ,notice and consent requirements for internet platforms that use algorithms to manipulate the availability of platform content 7a7 ,in general ,beginning #a year after the date of enactment of this ,act1 any covered platform shall comply with the requirements of subsection 7c74 7b7 ,definitions ,in this ,act3 7#a7 ,covered data ,the term covered data means1 with respect to an individual1 data regarding the habits1 traits1 preferences1 beliefs1 or location of the individual4 7#b7 ,covered platform the term covered platform means a public-facing website1 internet application1 or mobile internet application1 including a social network1 video sharing service1 ad network1 mobile operating system1 search engine1 email service1 or internet access service that-- 7,a7 has not less than #cj1jjj1jjj active monthly users in the ,united ,states2 and 7,b7 uses an algorithm to increase or decrease the availability of content on the website or application4 7c7 ,requirements 7#a7 ,no collection of covered data without consent 7,a7 ,in general ,a covered platform shall not collect any covered data of an individual without obtaining the individual's express consent for such data collection4 7,b7 ,revocation of consent2 right to delete ,a covered platform shall-- 7i7 allow any individual to revoke or withdraw the individual's prior consent to the covered platform collecting the individual's covered data2 and 7ii7 at the request of an individual1 delete any covered data of the individual collected or held by the platform4 7#b7 ,no sale1 sharing1 or conveyance of data without consent 7,a7 ,in general ,a covered platform shall not sell1 share1 or otherwise convey to a third party entity any covered data of an individual without obtaining the individual's express consent4 7,b7 ,revocation of consent ,a covered platform shall allow any individual to revoke or withdraw the individual's prior consent to any sale1 sharing1 or conveyance of the individual's covered data4 7#c7 ,notice of requirements 7,a7 ,in general ,a covered platform shall provide notice to users of the platform of the requirements described in paragraphs 7#a7 and 7#b74 7,b7 ,manner of notification ,the notice required under subparagraph 7,a7 shall contain the information described in subparagraph 7,c7 and shall be provided by a covered platform to a user-- 7i7 in plain language and in a conspicuous manner2 7ii7 in addition to any notice relating to the terms of service of the platform2 7iii7 each time the user logs in to the platform unless the user affirmatively waives receiving the notice2 and 7iv7 each time the platform modifies its terms of service4 7,c7 ,contents of notification ,a notice required under this paragraph shall include the following3 7i7 ,with respect to the collection of covered data by a covered platform-- 7,i7 the type of data to be collected2 7,,ii7 whether the collection of data will continue beyond the user's immediate use of the covered platform2 and 7,,iii7 how the data will be used by the covered platform4 7ii7 ,with respect to the sale1 sharing1 or conveyance of covered data by a covered platform-- 7,i7 the specific data that will be sold1 shared1 or otherwise conveyed to a third party entity2 7,,ii7 the name of any third party entity to which data will be sold1 shared1 or otherwise conveyed2 and 7,,iii7 the country of origin of the third party entity to which the data will be sold1 shared1 or conveyed4 #c4 ,enforcement 7a7 ,enforcement by the ,federal ,trade ,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 an unfair or deceptive act or practice in violation of a rule promulgated 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 ,federal ,trade ,commission shall enforce this ,act and any regulation 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 covered entity 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 7b7 ,private right of action 7#a7 ,in general ,an individual alleging a violation of this ,act may bring a civil action in any court of competent jurisdiction1 ,state or ,federal4 7#b7 ,injury in fact ,a violation of this ,act with respect to the requirements to notify and obtain the express consent of the user before the user's data may be collected1 sold1 shared1 or otherwise conveyed to a third-party entity constitutes a concrete and particularized injury in fact to that individual4 7#c7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court shall award-- 7,a7 the greater of-- 7i7 not less than #e1jjj2 and 7ii7 actual damages2 and 7,b7 reasonable attorney's fees and litigation costs4 7c7 ,rulemaking ,the ,federal ,trade ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4