II 

117TH CONGRESS 

1ST SESSION S. 2024 

To require that internet platforms give users the option to engage with 

a platform without being manipulated by algorithms driven by userspecific data. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2021 

Mr. THUNE (for himself, Mr. BLUMENTHAL, Mr. MORAN, Mrs. BLACKBURN, 

Mr. WARNER, and Mr. SCHATZ) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To require that internet platforms give users the option 

to engage with a platform without being manipulated 

by algorithms driven by user-specific data. 

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 ‘‘Filter Bubble Trans5 parency Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ALGORITHMIC RANKING SYSTEM.—The 

2 term ‘‘algorithmic ranking system’’ means a com3 putational process, including one derived from algo4 rithmic decision making, machine learning, statis5 tical analysis, or other data processing or artificial 

6 intelligence techniques, used to determine the order 

7 or manner that a set of information is provided to 

8 a user on a covered internet platform, including the 

9 ranking of search results, the provision of content 

10 recommendations, the display of social media posts, 

11 or any other method of automated content selection. 

12 (2) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (3) CONNECTED DEVICE.—The term ‘‘con15 nected device’’ means a physical object that— 

16 (A) is capable of connecting to the inter17 net, either directly or indirectly through a net18 work, to communicate information at the direc19 tion of an individual; and 

20 (B) has computer processing capabilities 

21 for collecting, sending, receiving, or analyzing 

22 data. 

23 (4) COVERED INTERNET PLATFORM.— 

24 (A) IN GENERAL.—The term ‘‘covered 

25 internet platform’’ means any public-facing 


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1 website, internet application, or mobile applica2 tion, including a social network site, video shar3 ing service, search engine, or content aggrega4 tion service. 

5 (B) EXCLUSIONS.—Such term shall not in6 clude a platform that— 

7 (i) is wholly owned, controlled, and 

8 operated by a person that— 

9 (I) for the most recent 6-month 

10 period, did not employ more than 500 

11 employees; 

12 (II) for the most recent 3-year 

13 period, averaged less than 

14 $50,000,000 in annual gross receipts; 

15 and 

16 (III) collects or processes on an 

17 annual basis the personal data of less 

18 than 1,000,000 individuals; or 

19 (ii) is operated for the sole purpose of 

20 conducting research that is not made for 

21 profit either directly or indirectly. 

22 (5) INPUT-TRANSPARENT ALGORITHM.— 

23 (A) IN GENERAL.—The term ‘‘input-trans24 parent algorithm’’ means an algorithmic rank25 ing system that does not use the user-specific 


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1 data of a user to determine the order or man2 ner that information is furnished to such user 

3 on a covered internet platform, unless the user4 specific data is expressly provided to the plat5 form by the user for such purpose. 

6 (B) INCLUSION OF AGE-APPROPRIATE CON7 TENT FILTERS.—Such term shall include an al8 gorithmic ranking system that uses user-specific 

9 data to determine whether a user is old enough 

10 to access age-restricted content on a covered 

11 internet platform, provided that the system oth12 erwise meets the requirements of subparagraph 

13 (A). 

14 (C) DATA PROVIDED FOR EXPRESS PUR15 POSE OF INTERACTION WITH PLATFORM.—For 

16 purposes of subparagraph (A), user-specific 

17 data that is provided by a user for the express 

18 purpose of determining the order or manner 

19 that information is furnished to a user on a 

20 covered internet platform— 

21 (i) shall include user-supplied search 

22 terms, filters, speech patterns (if provided 

23 for the purpose of enabling the platform to 

24 accept spoken input or selecting the lan25 guage in which the user interacts with the 


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1 platform), saved preferences, and the 

2 user’s current geographical location; 

3 (ii) shall include data supplied to the 

4 platform by the user that expresses the 

5 user’s desire that information be furnished 

6 to them, such as the social media profiles 

7 the user follows, the video channels the 

8 user subscribes to, or other sources of con9 tent on the platform the user follows; 

10 (iii) shall not include the history of 

11 the user’s connected device, including the 

12 user’s history of web searches and brows13 ing, geographical locations, physical activ14 ity, device interaction, and financial trans15 actions; and 

16 (iv) shall not include inferences about 

17 the user or the user’s connected device, 

18 without regard to whether such inferences 

19 are based on data described in clause (i). 

20 (6) OPAQUE ALGORITHM.— 

21 (A) IN GENERAL.—The term ‘‘opaque al22 gorithm’’ means an algorithmic ranking system 

23 that determines the order or manner that infor24 mation is furnished to a user on a covered 

25 internet platform based, in whole or part, on 


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1 user-specific data that was not expressly pro2 vided by the user to the platform for such pur3 pose. 

4 (B) EXCEPTION FOR AGE-APPROPRIATE

5 CONTENT FILTERS.—Such term shall not in6 clude an algorithmic ranking system used by a 

7 covered internet platform if— 

8 (i) the only user-specific data (includ9 ing inferences about the user) that the sys10 tem uses is information relating to the age 

11 of the user; and 

12 (ii) such information is only used to 

13 restrict a user’s access to content on the 

14 basis that the individual is not old enough 

15 to access such content. 

16 (7) SEARCH SYNDICATION CONTRACT; UP17 STREAM PROVIDER; DOWNSTREAM PROVIDER.— 

18 (A) SEARCH SYNDICATION CONTRACT.— 

19 The term ‘‘search syndication contract’’ means 

20 a contract or subcontract for the sale, license, 

21 or other right to access an index of web pages 

22 on the internet for the purpose of operating an 

23 internet search engine. 

24 (B) UPSTREAM PROVIDER.—The term 

25 ‘‘upstream provider’’ means, with respect to a 


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1 search syndication contract, the person that 

2 grants access to an index of web pages on the 

3 internet to a downstream provider under the 

4 contract. 

5 (C) DOWNSTREAM PROVIDER.—The term 

6 ‘‘downstream provider’’ means, with respect to 

7 a search syndication contract, the person that 

8 receives access to an index of web pages on the 

9 internet from an upstream provider under such 

10 contract. 

11 (8) USER-SPECIFIC DATA.—The term ‘‘user12 specific data’’ means information relating to an indi13 vidual or a specific connected device that would not 

14 necessarily be true of every individual or device. 

15 SEC. 3. REQUIREMENT TO ALLOW USERS TO SEE 

16 UNMANIPULATED CONTENT ON INTERNET 

17 PLATFORMS. 

18 (a) IN GENERAL.—Beginning on the date that is 1 

19 year after the date of enactment of this Act, it shall be 

20 unlawful— 

21 (1) for any person to operate a covered internet 

22 platform that uses an opaque algorithm unless the 

23 person complies with the requirements of subsection 

24 (b); or 


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1 (2) for any upstream provider to grant access 

2 to an index of web pages on the internet under a 

3 search syndication contract that does not comply 

4 with the requirements of subsection (c). 

5 (b) OPAQUE ALGORITHM REQUIREMENTS.— 

6 (1) IN GENERAL.—The requirements of this 

7 subsection with respect to a person that operates a 

8 covered internet platform that uses an opaque algo9 rithm are the following: 

10 (A) The person provides notice to users of 

11 the platform that the platform uses an opaque 

12 algorithm that makes inferences based on user13 specific data to select the content the user sees. 

14 Such notice shall be presented in a clear, con15 spicuous manner on the platform whenever the 

16 user interacts with an opaque algorithm for the 

17 first time, and may be a one-time notice that 

18 can be dismissed by the user. 

19 (B) The person makes available a version 

20 of the platform that uses an input-transparent 

21 algorithm and enables users to easily switch be22 tween the version of the platform that uses an 

23 opaque algorithm and the version of the plat24 form that uses the input-transparent algorithm 

25 by selecting a prominently placed icon, which 


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1 shall be displayed wherever the user interacts 

2 with an opaque algorithm. 

3 (2) NONAPPLICATION TO CERTAIN DOWN4 STREAM PROVIDERS.—Paragraph (1) shall not apply 

5 with respect to an internet search engine if— 

6 (A) the search engine is operated by a 

7 downstream provider with fewer than 1,000 em8 ployees; and 

9 (B) the search engine uses an index of web 

10 pages on the internet to which such provider re11 ceived access under a search syndication con12 tract. 

13 (c) SEARCH SYNDICATION CONTRACT REQUIRE14 MENT.—The requirements of this subsection with respect 

15 to a search syndication contract are that— 

16 (1) as part of the contract, the upstream pro17 vider makes available to the downstream provider 

18 the same input-transparent algorithm used by the 

19 upstream provider for purposes of complying with 

20 subsection (b)(1)(B); and 

21 (2) the upstream provider does not impose any 

22 additional costs, degraded quality, reduced speed, or 

23 other constraint on the functioning of such algo24 rithm when used by the downstream provider to op25 erate an internet search engine relative to the perVerDate Sep 11 2014 07:02 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2024.IS S2024

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1 formance of such algorithm when used by the up2 stream provider to operate an internet search en3 gine. 

4 SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

5 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

6 A violation of this Act by an operator of a covered internet 

7 platform shall be treated as a violation of a rule defining 

8 an unfair or deceptive act or practice prescribed under sec9 tion 18(a)(1)(B) of the Federal Trade Commission Act 

10 (15 U.S.C. 57a(a)(1)(B)). 

11 (b) POWERS OF COMMISSION.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (3), the Federal Trade Commission shall en14 force this Act in the same manner, by the same 

15 means, and with the same jurisdiction, powers, and 

16 duties as though all applicable terms and provisions 

17 of the Federal Trade Commission Act (15 U.S.C. 41 

18 et seq.) were incorporated into and made a part of 

19 this Act. 

20 (2) PRIVILEGES AND IMMUNITIES.—Except as 

21 provided in paragraph (3), any person who violates 

22 this Act shall be subject to the penalties and entitled 

23 to the privileges and immunities provided in the 

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

25 seq.). 


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1 (3) COMMON CARRIERS AND NONPROFIT ORGA2 NIZATIONS.—Notwithstanding section 4, 5(a)(2), or 

3 6 of the Federal Trade Commission Act (15 U.S.C. 

4 44, 45(a)(2), 46) or any jurisdictional limitation of 

5 the Commission, the Commission shall also enforce 

6 this Act, in the same manner provided in paragraphs 

7 (1) and (2) of this paragraph, with respect to— 

8 (A) common carriers subject to the Com9 munications Act of 1934 (47 U.S.C. 151 et 

10 seq.) and Acts amendatory thereof and supple11 mentary thereto; and 

12 (B) organizations not organized to carry 

13 on business for their own profit or that of their 

14 members. 

15 (4) AUTHORITY PRESERVED.—Nothing in this 

16 Act shall be construed to limit the authority of the 

17 Commission under any other provision of law. 

Æ 


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