```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3029 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3029

  To amend section 230(c) of the Communications Act of 1934 to remove 
  immunity for providers of interactive computer services for certain 
                    claims, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2021

   Mr. Lujan introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To amend section 230(c) of the Communications Act of 1934 to remove 
  immunity for providers of interactive computer services for certain 
                    claims, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Americans from Dangerous 
Algorithms Act''.

SEC. 2. AMENDMENT TO THE COMMUNICATIONS DECENCY ACT.

    Section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) 
is amended by adding at the end the following:
            ``(3) Algorithmic amplification.--
                    ``(A) In general.--For purposes of paragraph (1), a 
                provider of an interactive computer service shall be 
                considered to be an information content provider and 
                the protection under that paragraph shall not apply for 
                any claim described in subparagraph (B) of this 
                paragraph.
                    ``(B) Conditions for claim.--
                            ``(i) In general.--A claim described in 
                        this subparagraph is a claim--
                                    ``(I) in a civil action brought 
                                under--
                                            ``(aa) section 1980 or 1981 
                                        of the Revised Statutes (42 
                                        U.S.C. 1985, 1986); or
                                            ``(bb) section 2333 of 
                                        title 18, United States Code; 
                                        and
                                    ``(II) that, except as provided in 
                                clause (ii), involves a case in which 
                                the interactive computer service used 
                                an algorithm, model, or other 
                                computational process to rank, order, 
                                promote, recommend, amplify, or 
                                similarly alter the delivery or display 
                                of information (including any text, 
                                image, audio, or video post, page, 
                                group, account, channel, or 
                                affiliation) provided to a user of the 
                                service if the information is directly 
                                relevant to the claim.
                            ``(ii) Exception.--The requirement under 
                        clause (i)(II) is not satisfied if--
                                    ``(I) the information delivery or 
                                display is ranked, ordered, promoted, 
                                recommended, amplified, or similarly 
                                altered in a way that is obvious, 
                                understandable, and transparent to a 
                                reasonable user based only on the 
                                delivery or display of the information 
                                (without the need to reference the 
                                terms of service or any other 
                                agreement), including sorting 
                                information--
                                            ``(aa) chronologically or 
                                        reverse chronologically;
                                            ``(bb) by average user 
                                        rating or number of user 
                                        reviews;
                                            ``(cc) alphabetically;
                                            ``(dd) randomly; and
                                            ``(ee) by views, downloads, 
                                        or a similar usage metric; or
                                    ``(II) the algorithm, model, or 
                                other computational process is used for 
                                information for which a user 
                                specifically searches.
                    ``(C) Exemptions.--
                            ``(i) Small businesses.--Subparagraph (A) 
                        shall not apply to an interactive computer 
                        service that (in combination with each 
                        subsidiary and affiliate of the service) had 
                        not more than 10,000,000 unique monthly 
                        visitors or users for not fewer than 3 of the 
                        preceding 12 months.
                            ``(ii) Internet infrastructure.--
                        Subparagraph (A) shall not apply to a provider 
                        of an interactive computer service that is used 
                        by another interactive computer service for the 
                        management, control, or operation of that other 
                        interactive computer service, including for--
                                    ``(I) web hosting;
                                    ``(II) domain registration;
                                    ``(III) content delivery networks;
                                    ``(IV) caching;
                                    ``(V) data storage; and
                                    ``(VI) cybersecurity.''.
                                 <all>
```