II 

117TH CONGRESS 

1ST SESSION S. 2031 

To preserve access to lawful content and prevent discrimination and unfair 

methods of competition on the internet, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2021 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To preserve access to lawful content and prevent discrimination and unfair methods of competition on the internet, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Rights and 

5 Online Speech Protections to Ensure Every Consumer is 

6 Heard Act’’ or the ‘‘PRO-SPEECH Act’’. 

7 SEC. 2. PRESERVING ACCESS TO LAWFUL CONTENT. 

8 (a) IN GENERAL.—Subject to subsection (b), an 

9 internet platform may not engage in a practice that does 

10 any of the following: 


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1 (1) Blocks or otherwise prevents a user or enti2 ty from accessing any lawful content, application, 

3 service, or device that does not interfere with the 

4 internet platform’s functionality or pose a data pri5 vacy or data security risk to a user. 

6 (2) Degrades or impairs the access of a user or 

7 entity to lawful internet traffic on the basis of con8 tent, application, service, or use of a device that does 

9 not interfere with the internet platform’s functional10 ity or pose a data privacy or data security risk to 

11 a user. 

12 (b) EXCEPTIONS.— 

13 (1) SMALL INTERNET PLATFORMS.—The prohi14 bitions under subsection (a) shall not apply to a 

15 small internet platform unless— 

16 (A) the Commission determines that the 

17 benefits of expanding the application of such 

18 prohibitions to 1 or more small internet plat19 forms outweigh the costs; and 

20 (B) the Director of the Office of Manage21 ment and Budget approves such cost-benefit 

22 analysis and publishes such approval in the 

23 Federal Register. 

24 (2) PUBLISHERS OF CONTENT, APPLICATIONS, 

25 AND SERVICES.—The prohibitions under subsection 


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1 (a) shall not apply to the extent that an internet 

2 platform publicly proclaims to be a publisher, insofar 

3 as the internet platform is acting as a publisher, of 

4 any particular content, application, or service. 

5 SEC. 3. NONDISCRIMINATION. 

6 An internet platform may not take any action against 

7 a user or entity based on racial, sexual, religious, political 

8 affiliation, or ethnic grounds. 

9 SEC. 4. PROHIBITIONS ON UNFAIR METHODS OF COMPETI10 TION. 

11 (a) IN GENERAL.—An internet platform may not en12 gage in an unfair method of competition against any other 

13 internet platform (as determined by the Commission 

14 under the Federal Trade Commission Act (15 U.S.C. 41 

15 et seq.)). 

16 (b) PRESUMED UNFAIR METHODS OF COMPETI17 TION.—For purposes of subsection (a), the following ac18 tions shall be presumed to be an unfair method of competi19 tion: 

20 (1) BLOCKING OR PROHIBITING USE.—Any ac21 tion taken by a large internet platform that wholly 

22 blocks or prohibits an internet platform that com23 petes with the large internet platform (or any affil24 iate of the large internet platform) from making use 

25 of the large internet platform. 


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1 (2) UNREASONABLE DISCRIMINATION.—Any ac2 tion taken by a large internet platform that unrea3 sonably discriminates against an internet platform 

4 that competes with the large internet platform (or 

5 any affiliate of the large internet platform). 

6 (c) DETERMINATION OF UNFAIR METHODS OF COM7 PETITION.—The Commission may determine that an ac8 tion taken by a large internet platform is presumed to be 

9 an unfair method of competition if— 

10 (1) the Commission establishes that— 

11 (A) such action by a large internet plat12 form— 

13 (i) is anti-competitive and likely to re14 duce competition, reduce quality of service, 

15 or decrease innovation; and 

16 (ii) is not likely to be remedied with17 out government intervention; and 

18 (B) the benefits of such a determination 

19 outweigh the costs; and 

20 (2) the Director of the Office of Management 

21 and Budget approves such cost-benefit analysis and 

22 publishes such approval in the Federal Register. 

23 SEC. 5. TRANSPARENCY. 

24 (a) REQUIRED DISCLOSURES.— 


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1 (1) IN GENERAL.—Subject to subsection (b), an 

2 internet platform shall disclose, on a publicly avail3 able and easily accessible website, accurate informa4 tion regarding the platform management practices, 

5 performance characteristics, and commercial terms 

6 of service of its app store, cloud computing service, 

7 operating system, search engine, or social media net8 work sufficient to enable a reasonable user to make 

9 an informed choice regarding the purchase or use of 

10 such service and to develop, market, and maintain a 

11 product or service on the internet platform. 

12 (2) REQUIRED INFORMATION.—The informa13 tion to be disclosed pursuant to paragraph (1) shall 

14 include the following: 

15 (A) PLATFORM MANAGEMENT PRAC16 TICES.—Information regarding the platform 

17 management practices of an internet platform 

18 shall include the following: 

19 (i) GENERAL PRACTICES.—A descrip20 tion of any content management or data 

21 management practices. 

22 (ii) APP STORE, OPERATING SYSTEM, 

23 SEARCH ENGINE, OR SOCIAL MEDIA NET24 WORK.—With respect to an app store, op25 erating system, search engine, or social 


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1 media network, a description of any prac2 tice— 

3 (I) regarding how the internet 

4 platform— 

5 (aa) curates and targets 

6 content to users; 

7 (bb) promotes content, serv8 ices, or products, including its 

9 own content, services, or prod10 ucts; 

11 (cc) moderates content; or 

12 (dd) determines whether to 

13 demonetize a user’s use of the 

14 internet platform by any means; 

15 or 

16 (II) that directly or indirectly fa17 vors certain data or content over other 

18 data or content, including through use 

19 of techniques such as content place20 ment or prioritization— 

21 (aa) to benefit an affiliate; 

22 or 

23 (bb) in exchange for consid24 eration, monetary or otherwise. 


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1 (iii) CLOUD COMPUTING SERVICE.— 

2 With respect to a cloud computing service, 

3 a description of any practice— 

4 (I) regarding congestion manage5 ment, application-specific behavior, 

6 device attachment, or data privacy 

7 and data security; or 

8 (II) that determines whether— 

9 (aa) any content, applica10 tion, or service is lawful; and 

11 (bb) a device interferes with 

12 the cloud computing service’s 

13 functionality or poses an unrea14 sonable data privacy or data se15 curity risk to a user. 

16 (iv) PUBLISHERS.— 

17 (I) INTERNET PLATFORMS.— 

18 With respect to an internet platform 

19 that publicly proclaims to be a pub20 lisher, a description of any practice 

21 that blocks or otherwise prevents a 

22 user or entity from accessing any law23 ful content, application, service, or de24 vice that does not interfere with the 

25 internet platform’s functionality or 


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1 pose a risk of data privacy or data se2 curity to a user. 

3 (II) AFFILIATES.—With respect 

4 to an internet platform that publicly 

5 proclaims to be a publisher and is an 

6 affiliate of a cloud computing service 

7 or operating system, a description of 

8 any practice that degrades or impairs 

9 a user or entity’s access to lawful 

10 internet traffic on the basis of con11 tent, application, service, or use of a 

12 device that does not interfere with the 

13 internet platform’s functionality or 

14 pose a risk to the data privacy or data 

15 security of a user. 

16 (B) PERFORMANCE CHARACTERISTICS.— 

17 Information regarding the performance charac18 teristics of an internet platform shall include 

19 the following: 

20 (i) GENERAL CHARACTERISTICS.—A 

21 general description of the service, including 

22 the service technology. 

23 (ii) CLOUD COMPUTING SERVICE.— 

24 With respect to a cloud computing service, 

25 a description of— 


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1 (I) the expected and actual ac2 cess speed and latency; and 

3 (II) the capability of the service 

4 to support real-time applications. 

5 (iii) SERVICE WITH REQUIRED AP6 PROVAL.—With respect to an app store, 

7 cloud computing service, or operating sys8 tem that requires approval before allowing 

9 an application to use the internet plat10 form— 

11 (I) the average time for a devel12 oper to receive such approval after ini13 tial submission; and 

14 (II) the timeline for the internet 

15 platform to resolve complaints and the 

16 outcome of any such resolution. 

17 (C) COMMERCIAL TERMS.—Information re18 garding the commercial terms of an internet 

19 platform shall include a description of the fee 

20 disclosures, privacy practices, and redress op21 tions for users, including the following: 

22 (i) USAGE-BASED FEES.—With re23 spect to a cloud computing service, any 

24 usage-based fees or fees for early termi25 nation or additional network services. 


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1 (ii) APPROVAL FEES.—With respect 

2 to an app store, cloud computing service, 

3 or operating system that requires approval 

4 before allowing an application to use the 

5 internet platform, any fees charged to 

6 those seeking such approval. 

7 (iii) THIRD-PARTY FEES.—With re8 spect to an app store, cloud computing 

9 service, or operating system, any fees 

10 charged to or by third parties associated 

11 with a user’s decision to purchase an appli12 cation or other content that uses such 

13 internet platform. 

14 (iv) PRIORITIZATION FEES.—With re15 spect to an app store, operating system, 

16 search engine, or social media network, 

17 any fees charged for the placement or 

18 prioritization of any content or application. 

19 (v) PRIVACY PRACTICES.—A descrip20 tion of any data privacy practice that en21 tails the inspection of user-generated con22 tent or other internet platform information 

23 and whether such content or information is 

24 stored, provided to third parties, or used 

25 for non-platform management purposes. 


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1 (vi) COMPLAINT RESOLUTION PRAC2 TICES.—A description of any practice for 

3 resolving the complaint or question of a 

4 user. 

5 (b) APPLICABILITY TO SMALL INTERNET PLAT6 FORMS.—The requirements under subsection (a) shall not 

7 apply to a small internet platform unless— 

8 (1) the Commission determines that the bene9 fits of expanding the application of such require10 ments to 1 or more small internet platforms out11 weigh the costs; and 

12 (2) the Director of the Office of Management 

13 and Budget approves such cost-benefit analysis and 

14 publishes such approval in the Federal Register. 

15 SEC. 6. ENFORCEMENT. 

16 (a) ENFORCEMENT AUTHORITY.— 

17 (1) UNFAIR AND DECEPTIVE ACTS OR PRAC18 TICE.—A violation of section 2, 3, or 5 shall be 

19 treated as an unfair and deceptive act or practice 

20 proscribed under section 5(a) of the Federal Trade 

21 Commission Act (15 U.S.C. 45(a)). 

22 (2) UNFAIR METHODS OF COMPETITION.—Any 

23 person who violates section 4 shall be liable for en24 gaging in an unfair method of competition under 


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1 section 5(a) of the Federal Trade Commission Act 

2 (15 U.S.C. 45(a)). 

3 (b) POWERS OF THE COMMISSION.— 

4 (1) IN GENERAL.—Notwithstanding any other 

5 provision of law, the Commission shall enforce this 

6 Act in the same manner, by the same means, and 

7 with the same jurisdiction, powers, and duties as 

8 though all applicable terms and provisions of the 

9 Federal Trade Commission Act (15 U.S.C. 41 et 

10 seq.) were incorporated into and made a part of this 

11 Act. 

12 (2) PRIVILEGES AND IMMUNITIES.—Notwith13 standing any other provision of law, any person who 

14 violates this Act shall be subject to the penalties and 

15 entitled to the privileges and immunities provided in 

16 the Federal Trade Commission Act (15 U.S.C. 41 et 

17 seq.). 

18 (3) AUTHORITY PRESERVED.—Nothing in this 

19 Act shall be construed to limit the authority of the 

20 Commission under any other provision of law. 

21 (c) COMPLAINTS TO THE COMMISSION.— 

22 (1) IN GENERAL.—Any individual alleging a 

23 violation of this Act may submit to the Commission 

24 a complaint which briefly states the facts sur25 rounding such violation. 


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1 (2) NOTICE TO INTERNET PLATFORM.—Upon 

2 receiving a complaint described in paragraph (1), 

3 the Commission shall forward a statement of the 

4 complaint to the internet platform that is the subject 

5 of the alleged violation. 

6 (3) REQUIREMENT TO ADDRESS COMPLAINT.— 

7 Upon receiving a forwarded complaint under para8 graph (2), the internet platform shall, within a rea9 sonable time (as specified by the Commission), ei10 ther— 

11 (A) make a reparation for any injury al12 leged to have been caused in the complaint filed 

13 under paragraph (1) and notify the Commission 

14 of such reparation; or 

15 (B) submit to the Commission a written 

16 response to the complaint. 

17 (4) REPARATION.—If the internet platform 

18 makes a reparation under paragraph (3)(A) to the 

19 satisfaction of the Commission, the Commission 

20 shall relieve the internet platform of liability to the 

21 complainant for the particular violation of law thus 

22 complained of. 

23 (5) INVESTIGATION.— 

24 (A) IN GENERAL.—If the internet platform 

25 does not make a sufficient reparation under 


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1 paragraph (3)(A), or if there appears to be any 

2 reasonable ground for investigating such com3 plaint, the Commission shall investigate the 

4 matters complained of in such manner and by 

5 such means as it shall deem proper. 

6 (B) DIRECT DAMAGE.—No complaint shall 

7 at any time be dismissed because of the absence 

8 of direct damage to the complainant. 

9 (C) INVESTIGATION CONCLUSION.—With 

10 respect to any investigation conducted pursuant 

11 to subparagraph (A), the Commission shall 

12 issue an order concluding such investigation not 

13 more than 5 months after the date on which the 

14 complaint was filed. 

15 SEC. 7. RELATIONSHIP BETWEEN FEDERAL AND STATE 

16 LAW. 

17 No State or political subdivision of a State may 

18 adopt, maintain, enforce, or continue in effect any law, 

19 regulation, rule, requirement, or standard that conflicts 

20 with the requirements of this Act. 

21 SEC. 8. DEFINITIONS. 

22 In this Act: 

23 (1) AFFILIATE.—The term ‘‘affiliate’’ means a 

24 person that directly or indirectly owns or controls, is 


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1 owned or controlled by, or is under common owner2 ship or control with, another person. 

3 (2) APP STORE.—The term ‘‘app store’’ means 

4 a digital distribution platform for computer applica5 tions that includes at least 1 application from a per6 son unaffiliated with the operator of the digital dis7 tribution platform. 

8 (3) CLOUD COMPUTING SERVICE.—The term 

9 ‘‘cloud computing service’’ means a service offering 

10 on-demand network access to a shared pool of 

11 configurable computing resources (such as any net12 work, server, storage, application, or service) that 

13 generally can be provisioned with minimal manage14 ment effort or service provider interaction. 

15 (4) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Trade Commission. 

17 (5) INTERNET PLATFORM.—The term ‘‘internet 

18 platform’’ means an entity that owns or operates, ei19 ther directly or through an affiliate, an app store, a 

20 cloud computing service, an operating system, a 

21 search engine, or a social media network. 

22 (6) LARGE INTERNET PLATFORM.—The term 

23 ‘‘large internet platform’’ means an internet plat24 form with equal to or more than— 

25 (A) 100,000,000 global active users; or 


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1 (B) $500,000,000 in annual revenues, in2 cluding direct user fees, advertising revenues, or 

3 other revenues associated with an app store, a 

4 cloud computing service, an operating system, a 

5 search engine, or a social media network. 

6 (7) OPERATING SYSTEM.—The term ‘‘operating 

7 system’’ means a computer program, implemented in 

8 either software or firmware, that acts as an inter9 mediary between users of a computer and the com10 puter hardware, providing an environment in which 

11 a user can execute, operate, or otherwise utilize an 

12 application. 

13 (8) OWN.—The term ‘‘own’’ means to hold an 

14 equity interest (or the equivalent thereof) of more 

15 than 10 percent. 

16 (9) SEARCH ENGINE.—The term ‘‘search en17 gine’’ means a technology that enables a user to ini18 tiate a search query for particular information using 

19 the internet and that is capable of returning at least 

20 1 search result unaffiliated with the owner or oper21 ator of the search engine. 

22 (10) SMALL INTERNET PLATFORM.—The term 

23 ‘‘small internet platform’’ means an internet plat24 form that has— 


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1 (A) fewer than 100,000,000 global active 

2 users; and 

3 (B) less than $500,000,000 in annual reve4 nues, including direct user fees, advertising rev5 enues, or other revenues associated with an app 

6 store, a cloud computing service, an operating 

7 system, a search engine, or a social media net8 work. 

9 (11) SOCIAL MEDIA NETWORK.— 

10 (A) IN GENERAL.—The term ‘‘social media 

11 network’’ means an internet-enabled network 

12 that hosts any information, comment, message, 

13 still image, or moving image posted by a user 

14 to facilitate interpersonal communication be15 tween or among users. 

16 (B) EXCEPTION.—Such term does not in17 clude electronic mail or an online service, appli18 cation, or website for which the hosting of such 

19 information or other content is incidental to the 

20 provision of news, sports, entertainment, or 

21 other information not generated by users. 

Æ 


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