II 

116TH CONGRESS 

1ST SESSION S. 2314 

To prohibit social media companies from using practices that exploit human 

psychology or brain physiology to substantially impede freedom of choice, 

to require social media companies to take measures to mitigate the 

risks of internet addiction and psychological exploitation, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2019 

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

to the Committee on Commerce, Science, and Transportation 

A BILL 

To prohibit social media companies from using practices 

that exploit human psychology or brain physiology to 

substantially impede freedom of choice, to require social 

media companies to take measures to mitigate the risks 

of internet addiction and psychological exploitation, 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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Social Media Addiction Reduction Technology Act’’ or 

6 the ‘‘SMART Act’’. 


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1 (b) FINDINGS.—Congress finds the following: 

2 (1) The business model for many internet com3 panies, especially social media companies, is to cap4 ture as much of their users’ attention as possible. 

5 (2) To achieve this end, some of these internet 

6 companies design their platforms and services to ex7 ploit brain physiology and human psychology. 

8 (3) By exploiting psychological and physio9 logical vulnerabilities, these design choices interfere 

10 with the free choice of users. 

11 SEC. 2. DEFINITIONS. 

12 In this Act: 

13 (1) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Trade Commission. 

15 (2) CONTENT FEED.—The term ‘‘content feed’’ 

16 means a service of a social media platform that ag17 gregates and displays information such as text, 

18 photos, videos, links, and application activity pro19 vided by two or more users. 

20 (3) SOCIAL MEDIA COMPANY.—The term ‘‘social 

21 media company’’ means any person that operates a 

22 social media platform in interstate or foreign com23 merce. 

24 (4) SOCIAL MEDIA PLATFORM.—The term ‘‘so25 cial media platform’’ means any online electronic 


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1 medium, such as Facebook, Instagram, YouTube, or 

2 Twitter (as such services existed in 2019), a live3 chat system, or an electronic dating service— 

4 (A) that primarily serves as a medium for 

5 users to interact with content generated by 

6 other third-party users of the medium; 

7 (B) that enables users to create accounts 

8 or profiles specific to the medium or to import 

9 profiles from another medium; and 

10 (C) that enables one or more users to gen11 erate content that can be viewed by other third12 party users of the medium. 

13 (5) OPERATOR.—The term ‘‘operator’’ means 

14 any person who, in interstate or foreign commerce, 

15 operates a website on the internet, an online service, 

16 an online application, or a mobile application. 

17 SEC. 3. PROHIBITED PRACTICES FOR SOCIAL MEDIA COM18 PANIES. 

19 Beginning 3 months after the date of enactment of 

20 this Act, it shall be unlawful for a social media company 

21 to operate a social media platform that uses any of the 

22 following practices: 

23 (1) INFINITE SCROLL OR AUTO REFILL.—The 

24 use of a process that automatically loads and dis25 plays additional content, other than music or video 


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1 content that the user has prompted to play, when a 

2 user approaches or reaches the end of loaded content 

3 without requiring the user to specifically request 

4 (such as by pushing a button or clicking an icon, but 

5 not by simply continuing to scroll) that additional 

6 content be loaded and displayed. 

7 (2) ELIMINATION OF NATURAL STOPPING

8 POINTS.—The use of a process that, without the 

9 user expressly requesting additional content, loads 

10 and displays more content into a content feed than 

11 the typical user scrolls through in 3 minutes. 

12 (3) AUTOPLAY.—The use of a process that 

13 automatically plays music or videos (other than ad14 vertisements) without an express, separate prompt 

15 by the user (such as pushing a button or clicking an 

16 icon), unless— 

17 (A) before any content is loaded to the 

18 user’s display, that user or a different user 

19 compiled a playlist of multiple music videos or 

20 audio files that the user designated should be 

21 played without interruption, and the immediate 

22 user selected one of the videos or files in that 

23 precompiled playlist; or 

24 (B) the predominant purpose of the social 

25 media platform is to allow users to stream 


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1 music, but only if the only files the platform 

2 automatically plays are audio files or advertise3 ments. 

4 (4) BADGES AND OTHER AWARDS LINKED TO

5 ENGAGEMENT WITH THE PLATFORM.—Providing a 

6 user with an award for engaging with the social 

7 media platform (such as a badge or other recogni8 tion of a user’s level of engagement with the plat9 form) if such award does not substantially increase 

10 access to new or additional services, content, or 

11 functionality. 

12 SEC. 4. REQUIREMENTS FOR SOCIAL MEDIA COMPANIES. 

13 (a) IN GENERAL.—Beginning 6 months after the 

14 date of enactment of this Act, it shall be unlawful for a 

15 social media company to operate a social media platform 

16 if the platform does not include a user-friendly interface 

17 that, with respect to such platform and any other social 

18 media platform that is owned by the same social media 

19 company or a subsidiary of that company— 

20 (1) allows a user to set a time limit that blocks 

21 the user’s own access to those platforms across all 

22 devices if the amount of time the user spends on 

23 those platforms within a certain period exceeds a 

24 time limit set by the user using 1-minute increments 


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1 and, at minimum, allows the user to set such time 

2 limits for daily and weekly use; 

3 (2) automatically limits the amount of time that 

4 a user may spend on those platforms across all de5 vices to 30 minutes a day unless the user elects to 

6 adjust or remove the time limit and, if the user 

7 elects to increase or remove the time limit, resets the 

8 time limit to 30 minutes a day on the first day of 

9 every month; 

10 (3) provides users with regular disclosures, in11 cluding immediate disclosures when prompted by the 

12 user, of the amount of time the user has spent on 

13 those platforms across all devices, broken down by 

14 day, week, month, year, and platform; and 

15 (4) displays a conspicuous pop-up to a user not 

16 less than once every 30 minutes that the user spends 

17 on those platforms, regardless of whether the user 

18 spent the 30 minutes on multiple devices, that shows 

19 how much time the user has spent on those plat20 forms that day. 

21 (b) LIMITATION.—Subsection (a) shall not apply to 

22 any portion of a social media platform that consists only 

23 of a predominantly text-based, direct message service such 

24 as email or a service that is substantially similar to email. 


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1 SEC. 5. REQUIREMENTS FOR OPERATORS. 

2 Beginning 6 months after the date of enactment of 

3 this Act, it shall be unlawful for an operator to operate 

4 an internet website, online service, online application, or 

5 mobile application if the operator does not obtain the con6 sent of users or allow users to select from among options 

7 in the following manner: 

8 (1) NEUTRAL PRESENTATION.—If the operator 

9 requests that a user accept or consent to terms, or 

10 anything similar— 

11 (A) by clicking an icon, the operator shall 

12 present the user with an option to decline by 

13 clicking an icon that is identical to the other 

14 icon in terms of size, shape, font, and other vis15 ual or auditory design, except that the options 

16 need not be identical in color as long as the op17 tion to decline is conspicuously shaded dif18 ferently than the immediate background color, 

19 and such option to decline shall be placed be20 fore the option to consent as measured by the 

21 direction the language in which the option is 

22 written is conventionally read; and 

23 (B) by taking some other action to consent 

24 or accept, the operator shall present the user 

25 with the option to decline by taking a similar, 

26 equivalent action. 


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1 (2) NO PRESELECTED OPTIONS.—When an op2 erator requests a user to make a selection from 

3 among options, no option may be preselected. 

4 SEC. 6. COMMISSION REPORT ON INTERNET ADDICTION. 

5 Not less frequently than once every 3 years, the Com6 mission shall submit to Congress a report on the issue of 

7 internet addiction and the processes through which social 

8 media companies and other internet companies, by exploit9 ing human psychology and brain physiology, interfere with 

10 free choices of individuals on the internet (including with 

11 respect to the amount of time individuals spend online). 

12 SEC. 7. POWERS OF THE COMMISSION. 

13 (a) TEMPORARY JOINT RULEMAKING AUTHORITY.— 

14 (1) IN GENERAL.—The Commission and the 

15 Secretary of Health and Human Services (referred 

16 to in this subsection as the ‘‘Secretary’’) may jointly 

17 promulgate rules under this subsection to prohibit 

18 practices by social media companies and operators 

19 that exploit human psychology or brain physiology to 

20 substantially interfere with consumers’ freedom of 

21 choice. 

22 (2) PROCEDURE.—The Commission and the 

23 Secretary may jointly promulgate rules under this 

24 subsection in accordance with section 553 of title 5, 

25 United States Code. 


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1 (3) SUNSET.—No rule promulgated by the 

2 Commission and the Secretary under this subsection 

3 shall be effective for a period that is longer than 3 

4 years, but no period of time during which the Com5 mission is enjoined from enforcing such a rule pur6 suant to a court order issuing an injunction against 

7 such rule or declaring such rule unlawful shall be 

8 counted against such 3-year period. 

9 (4) REPORT TO CONGRESS.—With respect to 

10 any rule promulgated under this subsection, 1 year 

11 before such rule is scheduled to expire the Commis12 sion and the Secretary shall issue a report to Con13 gress explaining the basis for the rule and its impor14 tance and notifying Congress of the date on which 

15 the rule will expire if Congress does not enact the 

16 requirements of the rule into statutory law. 

17 (b) ENFORCEMENT BY THE COMMISSION.— 

18 (1) IN GENERAL.—Except as otherwise pro19 vided, this Act and the regulations prescribed under 

20 this Act shall be enforced by the Commission under 

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

22 seq.). 

23 (2) UNFAIR OR DECEPTIVE ACTS OR PRAC24 TICES.—A violation of this Act or a regulation pre25 scribed under this Act shall be treated as a violation 


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1 of a rule defining an unfair or deceptive act or prac2 tice prescribed under section 18(a)(1)(B) of the Fed3 eral Trade Commission Act (15 U.S.C. 

4 57a(a)(1)(B)). 

5 (3) ACTIONS BY THE COMMISSION.—Except as 

6 provided in subsection (c)(1), the Commission shall 

7 prevent any person from violating this Act or a reg8 ulation prescribed under this Act in the same man9 ner, by the same means, and with the same jurisdic10 tion, powers, and duties as though all applicable 

11 terms and provisions of the Federal Trade Commis12 sion Act (15 U.S.C. 41 et seq.) were incorporated 

13 into and made a part of this Act, and any person 

14 who violates this Act or a regulation prescribed 

15 under this Act shall be subject to the penalties and 

16 entitled to the privileges and immunities provided in 

17 the Federal Trade Commission Act. 

18 (4) 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) ENFORCEMENT BY STATE ATTORNEYS GEN22 ERAL.— 

23 (1) IN GENERAL.— 

24 (A) CIVIL ACTIONS.—In any case in which 

25 the attorney general of a State has reason to 


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1 believe that an interest of the residents of that 

2 State has been or is threatened or adversely af3 fected by the engagement of any person in a 

4 practice that violates this Act or a regulation 

5 prescribed under this Act, the State, as parens 

6 patriae, may bring a civil action on behalf of 

7 the residents of the State in a district court of 

8 the United States or a State court of appro9 priate jurisdiction to— 

10 (i) enjoin that practice; 

11 (ii) enforce compliance with this Act 

12 or such regulation; 

13 (iii) on behalf of residents of the 

14 State, obtain damages, statutory damages, 

15 restitution, or other compensation, each of 

16 which shall be distributed in accordance 

17 with State law; or 

18 (iv) obtain such other relief as the 

19 court may consider to be appropriate. 

20 (B) NOTICE.— 

21 (i) IN GENERAL.—Before filing an ac22 tion under subparagraph (A), the attorney 

23 general of the State involved shall provide 

24 to the Commission— 


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1 (I) written notice of that action; 

2 and 

3 (II) a copy of the complaint for 

4 that action. 

5 (ii) EXEMPTION.— 

6 (I) IN GENERAL.—Clause (i) 

7 shall not apply with respect to the fil8 ing of an action by an attorney gen9 eral of a State under this paragraph 

10 if the attorney general of the State 

11 determines that it is not feasible to 

12 provide the notice described in that 

13 clause before the filing of the action. 

14 (II) NOTIFICATION.—In an ac15 tion described in subclause (I), the at16 torney general of a State shall provide 

17 notice and a copy of the complaint to 

18 the Commission at the same time as 

19 the attorney general files the action. 

20 (2) INTERVENTION.— 

21 (A) IN GENERAL.—On receiving notice 

22 under paragraph (1)(B), the Commission shall 

23 have the right to intervene in the action that is 

24 the subject of the notice. 


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1 (B) EFFECT OF INTERVENTION.—If the 

2 Commission intervenes in an action under para3 graph (1), it shall have the right— 

4 (i) to be heard with respect to any 

5 matter that arises in that action; and 

6 (ii) to file a petition for appeal. 

7 (3) CONSTRUCTION.—For purposes of bringing 

8 any civil action under paragraph (1), nothing in this 

9 Act shall be construed to prevent an attorney gen10 eral of a State from exercising the powers conferred 

11 on the attorney general by the laws of that State 

12 to— 

13 (A) conduct investigations; 

14 (B) administer oaths or affirmations; or 

15 (C) compel the attendance of witnesses or 

16 the production of documentary and other evi17 dence. 

18 (4) ACTIONS BY THE COMMISSION.—In any 

19 case in which an action is instituted by or on behalf 

20 of the Commission for violation of this Act or a reg21 ulation prescribed under this Act, no State may, 

22 during the pendency of that action, institute an ac23 tion under paragraph (1) against any defendant 

24 named in the complaint in the action instituted by 

25 or on behalf of the Commission for that violation. 


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1 (5) VENUE; SERVICE OF PROCESS.— 

2 (A) VENUE.—Any action brought under 

3 paragraph (1) may be brought in— 

4 (i) the district court of the United 

5 States that meets applicable requirements 

6 relating to venue under section 1391 of 

7 title 28, United States Code; or 

8 (ii) a State court of competent juris9 diction. 

10 (B) SERVICE OF PROCESS.—In an action 

11 brought under paragraph (1) in a district court 

12 of the United States, process may be served 

13 wherever defendant— 

14 (i) is an inhabitant; or 

15 (ii) may be found. 

Æ 


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