,,ii #aaith ,,congress #ast ,session ,s4 #cedj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ag1 #bjbe,mr4 ,lujn 7for himself1 ,mr4 ,wyden1 ,mr4 ,padilla1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to ensure that large online platforms are addressing the needs of non-,english users4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,language-,inclusive ,support and ,transparency for ,online ,services ,act of #bjbe or the ,,listos ,act of #bjbe4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,duty to ensure consistent enforcement4,sec4 #d4 ,disclosures on staffing and automated processes4,sec4 #e4 ,consistent access to tools and documentation4,sec4 #f4 ,advisory ,group4,sec4 #g4 ,enforcement4,sec4 #h4 ,regulations4,sec4 #i4 ,effective dates4,sec4 #aj4 ,definitions4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 substantial and deliberate investments across languages are essential to protect the safety of users online and ensure equitable access to digital spaces2 7#b7 online platforms have historically under-invested in ensuring non-,english content moderation and automated content detection and filtering processes keep pace with their ,english counterparts1 providing little transparency into the efficacy of efforts to detect1 review1 and remove content that violates laws or platform policies across languages2 7#c7 this difference in enforcement for platforms' existing policies and uneven moderation practices across both manual and automated processes has increased the proliferation of illegal and harmful content across many languages and the deliberate targeting of non-,english-speaking communities for fraud and harassment2 and 7#d7 any reform effort for online platform safety must ensure equitable investment across languages in order to promote economic opportunity1 public health1 and civil rights4 #c4 ,duty to ensure consistent enforcement 7a7 ,in general ,the operator of a covered platform shall provide that processes used by the platform for detecting1 suppressing1 and removing illegal content1 or content that otherwise violates platform policies1 are reasonably consistent for languages in which the covered platform engages in monetization practices4 7b7 ,considerations ,any entity enforcing or promulgating rules under subsection 7a7 shall take into consideration factors that may impact the covered platform's ability to enforce its policies with respect to content in a given language1 including staffing levels and language proficiency1 or the effectiveness of automated systems designed to filter or flag content for additional review4 7c7 ,exceptions ,subsection 7a7 shall not apply-- 7#a7 to a messaging service provided by a covered platform to the extent that such service employs end-to-end encryption2 and 7#b7 to a language in which a covered platform offers a service if such language is used by fewer than #ajj1jjj users of the service for #i or more of the past #ab months within the ,united ,states4 7d7 ,rule of construction2 limitation on regulation ,nothing in this section shall be construed to require1 and no regulation issued by the ,commission to carry out this section may require1 that a covered platform take any particular action on a specific piece of content or class of content4 #d4 ,disclosures on staffing and automated processes 7a7 ,in general ,the operator of a covered platform shall1 not less than annually1 submit to the ,commission and make available to the public1 in a machine-readable format1 a clear and easily comprehensible report on any manual and algorithmic content moderation that the covered platform engaged in during the relevant period4 ,each such report shall be in compliance with the rules established under subsection 7b74 7b7 ,rules ,the ,commission shall1 in accordance with section #h1 establish rules for reports under subsection 7a74 ,such rules shall require that a report include the following information3 7#a7 ,content moderation staffing 7,a7 ,in general ,the number of staff employed by the covered platform 7whether directly employed by the platform or contracted through a third party7 for the purposes of manually reviewing content for removal or other interventions1 in aggregate and broken down by-- 7i7 the countries in which the employees are located2 7ii7 the geographic or regional area to which the employees are assigned2 and 7iii7 languages spoken by the employees relevant to their employment and their levels of language proficiency4 7,b7 ,staff support ,a description of the training and support provided to content moderation staff1 including-- 7i7 the training processes and guidelines provided2 7ii7 the support services1 such as mental health services1 available to the employee2 and 7iii7 if training or support services differ by factors such as geographic region1 languages spoken1 or direct-hire versus contracted employees1 descriptions and breakdowns of such differences4 7#b7 ,automated content detection and decision-making processes ,if the covered platform elects to use algorithmic processes to detect content for additional manual review or automated decision-making for content moderation1 information on such processes1 including-- 7,a7 performance metrics that are monitored to ensure consistent behavior for such processes across languages and the languages that are monitored2 and 7,b7 other safeguards in place to ensure consistent behavior of such systems across languages4 7#c7 ,monetization across languages ,the list of languages in which the covered platform engages in monetization practices and the percentage breakdown by language of the covered platform's revenue throughout the duration of the relevant reporting period4 7#d7 ,in-language review ,of all content that is manually reviewed by staff1 provide information on content that is reviewed in the original language used to create the content rather than being subject to automated translation before review1 including-- 7,a7 the percentage of content reviewed in the original language for each language in which the covered platform engages in monetization practices2 and 7,b7 a description of the policies governing whether and to what extent content will be manually reviewed in the original language or automatically translated prior to manual review4 7#e7 ,translation and review processes ,with respect to the content review practices of the covered platform-- 7,a7 the list of languages in which content is reviewed without translation2 and 7,b7 for languages in which automated translation is applied prior to manual review1 a description of-- 7i7 the process by which content is translated2 and 7ii7 the process by which that content is reviewed and how1 if at all1 that process differs from the process used to review content in the original language4 7#f7 ,content moderation outcome measures 7,a7 ,number of content takedowns ,the number of content takedowns over the relevant reporting period for each language in which the covered platform engages in monetization practices4 7,b7 ,response time ,the average response time to user-initiated takedown or content review requests over the relevant reporting period for each language in which the covered platform engages in monetization practices4 7#g7 ,additional information ,other information determined appropriate by the ,commission1 including additional categories or criteria relevant to the information described in paragraphs 7#a71 7#b71 and 7#d74 #e4 ,consistent access to tools and documentation ,the operator of a covered platform shall-- 7#a7 provide that all user tools for reporting content for review or automated action are accessible across all languages in which the covered platform offers its service2 and 7#b7 post all platform policies and other information concerning acceptable use of the covered platform in the same manner for all languages in which the platform offers its service4 #f4 ,advisory ,group 7a7 ,establishment ,not later than #cfj days after the date of enactment of this ,act1 the ,commission shall establish a group to be known as the ,advisory ,group on ,language-,sensitive ,technologies 7referred to in this section as the ,advisory ,group74 7b7 ,duties 7#a7 ,in general ,the ,advisory ,group shall provide consensus advice and guidance to the ,commission on best practices for private enterprises or public entities using covered technology that may have different performance outcomes depending on the underlying language of the content being analyzed in order to ensure the nondiscriminatory application of such technology4 7#b7 ,covered technology ,for purposes of paragraph 7#a71 the term covered technology means technology used to-- 7,a7 detect and process input language from sources1 such as analog text and audio1 into a machine-readable format1 such as speech and optical character recognition2 7,b7 process or generate language stored in a machine-readable format1 such as natural language processing1 including large language models2 7,c7 detect and process images and videos into a machine-readable format1 or process images or videos stored in a machine-readable format2 and 7,d7 make automated decisions related to content removal1 ranking1 or presentation to a user of an online platform4 7#c7 ,membership ,the ,commission shall appoint the members of the ,advisory ,group4 ,in making such appointments1 the ,commission shall provide that the membership of the ,advisory ,group-- 7,a7 includes different points of view and background experience2 and 7,b7 includes both ,federal employees and non-,federal employee stakeholders1 including representatives of communities most impacted by the systemic risks of harmful non-,english language content and current or former content moderators and employees of covered platforms4 7#d7 ,report ,the ,commission shall make available on its website the findings of the ,advisory ,group with recommendations and best practices as reported by the ,advisory ,group concerning the use of covered technology4 7c7 ,non-,applicability of the ,federal ,advisory ,committee ,act ,chapter #aj of title #e1 ,united ,states ,code1 shall not apply to the ,advisory ,group4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,advisory ,group such sums as are necessary to carry out the requirements of this section4 #g4 ,enforcement 7a7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #c1 #d1 or #e shall be treated as a violation of a rule defining an unfair or a 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 ,commission 7,a7 ,in general ,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 ,any person who violates section #c1 #d1 or #e 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 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,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 person subject to section #c or #e in a practice that violates such section1 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 such section by such person2 7,b7 to compel compliance with such section2 and 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents4 7#b7 ,scope of jurisdiction ,the attorney general of a ,state may not bring a civil action under this subsection against a person for a violation of section #c or #e if the ,commission would not be able to bring an enforcement action against the person for such violation under subsection 7a7 because the person is exempt from coverage under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,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 ,federal ,trade ,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 appeal4 7#d7 ,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#e7 ,preemptive action by ,federal ,trade ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of section #c or #e1 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#f7 ,venue2 service of 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#g7 ,actions by other ,state officials 7,a7 ,in general ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other consumer protection 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 #h4 ,regulations 7a7 ,in general ,the ,commission shall1 pursuant to section #eec of title #e1 ,united ,states ,code1 promulgate-- 7#a7 regulations to carry out the provisions of sections #c and #d2 and 7#b7 such other regulations as the ,commission determines necessary to carry out the provisions of this ,act4 7b7 ,timing ,the ,commission shall begin the rulemaking process for promulgating regulations to carry out the provisions of sections #c and #d not later than #abj days after the date of enactment of this ,act4 #i4 ,effective dates ,the requirements of sections #c and #d shall take effect #abj days after the promulgation by the ,commission of regulations to carry out such sections1 and the requirements of section #e shall take effect #abj days after the date of enactment of this ,act4 #aj4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,covered platform ,the term covered platform means a website1 internet application1 or mobile internet application that-- 7,a7 allows users to create1 share1 view1 or search for and access user-generated or third-party content1 including a social media platform1 online search engine1 and a service with direct or group messaging capabilities2 and 7,b7 has had at least #aj1jjj1jjj monthly active users for #c or more of the past #ab months within the ,united ,states4 7#c7 ,monetization practices ,the term monetization practices means any avenues through which a covered platform might garner revenue1 including accepting monetary1 in-kind1 or other compensation-- 7,a7 in exchange for displaying or amplifying specific content2 or 7,b7 from businesses or other entities to utilize the covered platform as a means to find1 charge1 or communicate with customers4 7#d7 ,platform policies ,the term platform policies means any terms1 conditions1 and clauses1 regardless of their name or form1 which govern the contractual relationship between a covered platform and a user1 or any community guidelines that a covered platform maintains that govern conduct on the covered platform4