,,ii  #aaith ,,congress  #ast ,session  
,s4 #caic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,november #ah1 
#bjbe,mr4 ,curtis 7for himself and ,mr4 
,kelly7 introduced the following bill2  
which was read twice and referred to the
 ,committee on ,commerce1 ,science1 and 
,transportation  ,a ,,bill  ,to amend   
section #bcj of the ,communications ,act
 of #aicd to limit liability protection 
under that section for certain social   
media platforms1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,algorithm ,accountability 
,act4  #b4 ,limitation of liability     
protection for certain social media     
platforms  7a7 ,in general ,section #bcj
 of the ,communications ,act of #aicd   
7#dg ,u4,s4,c4 #bcj7 is amended-- 7#a7  
by redesignating subsection 7f7 as      
subsection 7g72 and  7#b7 by inserting  
after subsection 7e7 the following3  7f7
 ,algorithmic product design            
accountability  7#a7 ,duty of care in   
algorithmic design  7,a7 ,in general ,a 

provider of a social media platform     
shall exercise reasonable care in the   
design1 training1 testing1 deployment1  
operation1 and maintenance of a         
recommendation-based algorithm on the   
social media platform to prevent bodily 
injury or death described in            
subparagraph 7,b7 that a reasonable and 
prudent person would agree was-- 7i7    
reasonably foreseeable by the provider2 
and  7ii7 attributable1 in whole or in  
part1 to the design characteristics or  
performance of the recommendation-based 
algorithm4  7,b7 ,covered bodily injury 
or death ,bodily injury or death        
described in this subparagraph1 with    
respect to a social media platform1 is  
bodily injury to or the death of a user 
of the social media platform1 or bodily 
injury or death inflicted by a user of  
the social media platform upon another  
person1 that arises from the operation  
of the recommendation-based algorithm4  
7,c7 ,exception  7i7 ,in general        
,subparagraph 7,a7 shall not apply to   

the ranking1 ordering1 promotion1       
recommendation1 amplification1 or       
similar curation of content that is     
effectuated-- 7,i7 by sorting           
information chronologically or reverse  
chronologically2 or  7,,ii7 to respond  
to an individual search for content on  
the social media platform initiated by a
 user4  7ii7 ,exception limited to      
initial search ,nothing in clause       
7i77,,ii7 shall be construed to limit   
the applicability of subparagraph 7,a7  
to a provider of a social media         
platform1 with respect to the activities
 of a recommendation-based algorithm1   
after a user of the social media        
platform navigates beyond the initially 
populated search results4  7,d7 ,first  
,amendment protections ,nothing in      
subparagraph 7,a7 shall be construed to 
authorize the ,commission to enforce    
that subparagraph based on the viewpoint
 of a user of a social media platform or
 of an information content provider     
expressed by or through any speech1     

expression1 or information protected by 
the ,first ,amendment to the            
,constitution of the ,united ,states4   
7#b7 ,enforcement  7,a7 ,loss of        
liability protection ,subsection 7c77#a7
 shall not apply to a provider of a     
social media platform that violates     
paragraph 7#a77;,a7 of this subsection4 
7,b7 ,private right of action ,if a     
person suffers bodily injury or death as
 the result of a violation of paragraph 
7#a77;,a7 by the provider of a social   
media platform1 and the bodily injury or
 death meets the requirements under     
clauses 7i7 and 7ii7 of that paragraph  
and paragraph 7#a77;,b71 the person or1 
in the case of a minor or disabled      
person who suffers a bodily injury or   
any person who dies1 the legal          
representative of such a person1 may    
bring a civil action in a district court
 of the ,united ,states of competent    
jurisdiction against the provider for   
compensatory and punitive damages4  7#c7
 ,invalidity of predispute agreements   

and waivers  7,a7 ,in general ,no       
predispute arbitration agreement or     
predispute joint-action waiver 7as those
 terms are defined in section #dja of   
title #i1 ,united ,states ,code7 shall  
be valid or enforceable with respect to 
a dispute arising under this subsection4
  7,b7 ,applicability ,any determination
 as to the scope or manner of           
applicability of subparagraph 7,a7 shall
 be made by a court1 rather than an     
arbitrator1 without regard to whether an
 agreement described in that            
subparagraph purports to delegate such  
determination to an arbitrator4  7#d7   
,relationship to other laws ,nothing in 
this subsection or any regulation       
promulgated thereunder shall be         
construed to prohibit or otherwise      
affect the enforcement of any ,federal  
law or regulation or ,state law or      
regulation that is at least as          
protective of users of social media     
platforms as this subsection and the    
regulations promulgated thereunder4     

7#e7 ,severability ,if any provision of 
this subsection or the application of   
such provision to any person or         
circumstance is held to be              
unconstitutional1 the remainder of this 
subsection and the application of the   
provision to any other person or        
circumstance shall not be affected4     
7#f7 ,definitions ,in this subsection3  
7,a7 ,recommendation-based algorithm    
,the term recommendation-based algorithm
 means1 with respect to a user of a     
social media platform1 a fully or       
partially automated system used to rank1
 order1 promote1 recommend1 amplify1 or 
similarly curate content1 including     
other users1 hashtags1 or posts1 based  
on the personal data of the user1       
including the preferences1 interests1   
behavior1 or characteristics of the     
user4  7,b7 ,social media platform ,the 
term social media platform-- 7i7 means a
 for-profit interactive computer service
 that-- 7,i7 permits a user to establish
 an account or create a profile for the 

purpose of allowing the user to create1 
share1 or view content through the      
account or profile2 and  7,,ii7         
primarily serves as a service through   
which a user described in subclause 7,i7
 interacts with content2 and  7ii7 does 
not include an interactive computer     
service-- 7,i7 that serves fewer than   
#a1jjj1jjj registered users2  7,,ii7    
that is-- 7aa7 an email program2  7bb7  
an email distribution list2  7cc7 a     
wireless messaging service2 or  7dd7 an 
online messaging service1 the           
predominant or exclusive function of    
which is direct messaging1 meaning      
messages are transmitted from the sender
 to a recipient and not posted within   
the interactive computer service or     
publicly2  7,,iii7 that is a private    
platform or messaging service used by an
 entity solely to communicate with      
others employed by or affiliated with   
the entity2  7,,iv7 that is a           
teleconferencing or video conferencing  
service that allows reception and       

transmission of audio or video signals  
for real-time communication1 provided   
that the real-time communication is     
initiated by using a unique link or     
identifier to facilitate access2 or     
7,v7 that is an internet-based platform 
whose primary purpose is-- 7aa7 to allow
 users to post product reviews1 business
 reviews1 or travel information and     
reviews2  7bb7 internet commerce1 which 
may include providing a comment section2
  7cc7 to allow users to stream music1  
audiobooks1 or podcasts2 or  7dd7 news  
or sports coverage4  4  7b7 ,technical  
and conforming amendments  7#a7         
,trademark ,act of #aidf ,section #de of
 the ,act entitled ,an ,act to provide  
for the registration and protection of  
trademarks used in commerce1 to carry   
out the provisions of certain           
international conventions1 and for other
 purposes1 approved ,july #e1 #aidf     
7commonly known as the ,trademark ,act  
of #aidf7 7#ae ,u4,s4,c4 #aabg71 is     
amended1 in the definition relating to  

the term ,internet1 by striking section 
#bcj7;f77#a7 of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #bcj7;f77#a77  
and inserting section #bcj of the       
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74  7#b7 ,title #ah1      
,united ,states ,code ,section #bdba;,a 
of title #ah1 ,united ,states ,code1 is 
amended-- 7,a7 in subsection 7a71 by    
striking 7as such term is defined in    
defined in section #bcj7;f7 the         
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7;f777 and inserting 7as  
that term is defined in section #bcj of 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #bcj772 and  7,b7 in          
subsection 7b71 by striking 7as such    
term is defined in defined in section   
#bcj7;f7 the ,communications ,act of    
#aicd 7#dg ,u4,s4,c4 #bcj7;f777 and     
inserting 7as that term is defined in   
section #bcj of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #bcj74  7#c7   
,webb-,kenyon ,act ,section #c7;b77#a7  
of the ,act entitled ,an ,act divesting 

intoxicating liquors of their interstate
 character in certain cases1 approved   
,march #a1 #aiac 7commonly known as the 
,webb-,kenyon ,act7 7#bg ,u4,s4,c4      
#abb;b7b77#a771 is amended by striking  
7as defined in section #bcj7;f7 of the  
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj7;f77 and inserting 7as   
defined in section #bcj of the          
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj774  7#d7 ,title #ca1     
,united ,states ,code ,section #ecfb7f7 
of title #ca1 ,united ,states ,code1 is 
amended by striking section #bcj7;f7 of 
the ,communications ,act of #aicd 7#dg  
,u4,s4,c4 #bcj7;f77 and inserting       
section #bcj of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #bcj74