II 

117TH CONGRESS 

2D SESSION S. 3608 

To require the Federal Trade Commission to identify content-agnostic platform interventions to reduce the harm of algorithmic amplification and 

social media addiction on covered platforms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2022 

Ms. KLOBUCHAR (for herself and Ms. LUMMIS) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require the Federal Trade Commission to identify content-agnostic platform interventions to reduce the harm 

of algorithmic amplification and social media addiction 

on covered platforms, 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 ‘‘Nudging Users to 

5 Drive Good Experiences on Social Media Act’’ or the ‘‘So6 cial Media NUDGE Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3608 IS

1 (1) Social media platforms can have significant 

2 impacts on their users, both positive and negative. 

3 However, social media usage can be associated with 

4 detrimental outcomes, including on a user’s mental 

5 and physical health. Design decisions made by social 

6 media platforms, such as decisions affecting the con7 tent a user might see on a social media platform, 

8 may drive or exacerbate these negative or detri9 mental outcomes. 

10 (2) Viral harmful content often spreads on so11 cial media platforms. Social media platforms do not 

12 consistently enforce their terms of service and con13 tent policies, leading to supposedly prohibited con14 tent often being shown to users and amplified by 

15 such platforms. 

16 (3) Social media platforms often rely heavily on 

17 automated measures for content detection and mod18 eration. These social media platforms may rely on 

19 such automated measures due to the large quantity 

20 of user-generated content on their platforms. How21 ever, evidence suggests that even state-of-the-art 

22 automated content moderation systems currently do 

23 not fully address the harmful content on social 

24 media platforms. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3608 IS

1 (4) Significant research has found that content2 agnostic interventions, if made by social media plat3 forms, may help significantly mitigate these issues. 

4 These interventions could be readily implemented by 

5 social media platforms to provide safer user experi6 ences. Such interventions include the following: 

7 (A) Nudges to users and increased plat8 form viewing options, such as screen time alerts 

9 and grayscale phone settings, which may reduce 

10 addictive platform usage patterns and improve 

11 user experiences online. 

12 (B) Labels and alerts that require a user 

13 to read or review user-generated content before 

14 sharing such content. 

15 (C) Prompts to users, which may help 

16 users identify manipulative and microtargeted 

17 advertisements. 

18 (D) Other research-supported content-ag19 nostic interventions. 

20 (5) Evidence suggests that increased adoption 

21 of content-agnostic interventions would lead to im22 proved outcomes of social media usage. However, so23 cial media platforms may be hesitant to independ24 ently implement content-agnostic interventions that 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3608 IS

1 will reduce negative outcomes associated with social 

2 media use. 

3 SEC. 3. STUDY ON CONTENT-AGNOSTIC INTERVENTIONS. 

4 (a) STUDY TO IDENTIFY CONTENT-AGNOSTIC

5 INTERVENTIONS.—The Director of the National Science 

6 Foundation (in this section referred to as the ‘‘Director’’) 

7 shall enter into an agreement with the National Academies 

8 of Sciences, Engineering, and Medicine (in this section re9 ferred to as the ‘‘Academies’’) to conduct ongoing studies 

10 to identify content-agnostic interventions that covered 

11 platforms could implement to reduce the harms of algo12 rithmic amplification and social media addiction on cov13 ered platforms. The initial study shall— 

14 (1) identify ways to define and measure the 

15 negative mental or physical health impacts related to 

16 social media, including harms related to algorithmic 

17 amplification and social media addiction, through a 

18 review of— 

19 (A) a wide variety of studies, literature, re20 ports, and other relevant materials created by 

21 academic institutions, civil society groups, and 

22 other appropriate sources; and 

23 (B) relevant internal research conducted 

24 by a covered platform or third-party research in 

25 the possession of a covered platform that is volVerDate Sep 11 2014 21:21 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3608.IS S3608

kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3608 IS

1 untarily submitted to the Academies by the cov2 ered platform (through a process, established by 

3 the Academies, with appropriate privacy safe4 guards); 

5 (2) identify research-based content-agnostic 

6 interventions, such as reasonable limits on account 

7 creation and content sharing, to combat problematic 

8 smartphone use and other negative mental or phys9 ical health impacts related to social media, including 

10 through a review of the materials described in sub11 paragraphs (A) and (B) of paragraph (1); 

12 (3) provide recommendations on how covered 

13 platforms may be separated into groups of similar 

14 platforms for the purpose of implementing content15 agnostic interventions, taking into consideration fac16 tors including any similarity among the covered plat17 forms with respect to— 

18 (A) the number of monthly active users of 

19 the covered platform and the growth rate of 

20 such number; 

21 (B) how user-generated content is created, 

22 shared, amplified, and interacted with on the 

23 covered platform; 

24 (C) how the covered platform generates 

25 revenue; and 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3608 IS

1 (D) other relevant factors for providing 

2 recommendations on how covered platforms 

3 may be separated into groups of similar plat4 forms; 

5 (4) for each group of covered platforms rec6 ommended under paragraph (3), provide rec7 ommendations on which of the content-agnostic 

8 interventions identified in paragraph (2) are gen9 erally applicable to the covered platforms in such 

10 group; 

11 (5) for each group of covered platforms rec12 ommended under paragraph (3), provide rec13 ommendations on how the covered platforms in such 

14 group could generally implement each of the con15 tent-agnostic interventions identified for such group 

16 under paragraph (4) in a way that does not alter the 

17 core functionality of the covered platforms, consid18 ering— 

19 (A) whether the content-agnostic interven20 tion should be offered as an optional setting or 

21 feature that users of a covered platform could 

22 manually turn on or off with appropriate de23 fault settings to reduce the harms of algo24 rithmic amplification and social media addiction 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3608 IS

1 on the covered platform without altering the 

2 core functionality of the covered platform; and 

3 (B) other means by which the content-ag4 nostic intervention may be implemented and 

5 any associated impact on the experiences of 

6 users of the covered platform and the core 

7 functionality of the covered platform; 

8 (6) for each group of covered platforms rec9 ommended under paragraph (3), define metrics gen10 erally applicable to the covered platforms in such 

11 group to measure and publicly report in a privacy12 preserving manner the impact of any content-agnos13 tic intervention adopted by the covered platform; 

14 and 

15 (7) identify data and research questions nec16 essary to further understand the negative mental or 

17 physical health impacts related to social media, in18 cluding harms related to algorithmic amplification 

19 and social media addiction. 

20 (b) REQUIREMENT TO SUBMIT ADDITIONAL RE21 SEARCH.—If a covered platform voluntarily submits inter22 nal research to the Academies under subsection (a)(1)(B), 

23 the covered platform shall, upon the request of the Acad24 emies and not later than 60 days after receiving such a 

25 request, submit to the Academies any other research in 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3608 IS

1 the platform’s possession that is closely related to such 

2 voluntarily submitted research. 

3 (c) REPORTS.— 

4 (1) INITIAL STUDY REPORT.—Not later than 1 

5 year after the date of enactment of this Act, the 

6 Academies shall submit to the Director, Congress, 

7 and the Commission a report containing the results 

8 of the initial study conducted under subsection (a), 

9 including recommendations for how the Commission 

10 should establish rules for covered platforms related 

11 to content-agnostic interventions as described in 

12 paragraphs (1) through (5) of subsection (a). 

13 (2) UPDATES.—Not later than 2 years after the 

14 effective date of the regulations promulgated under 

15 section 4, and every 2 years thereafter during the 

16 10-year period beginning on such date, the Acad17 emies shall submit to the Director, Congress, and 

18 the Commission a report containing the results of 

19 the ongoing studies conducted under subsection (a). 

20 Each such report shall— 

21 (A) include analysis and updates to earlier 

22 studies conducted, and recommendations made, 

23 under such subsection; 

24 (B) be based on— 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 3608 IS

1 (i) new academic research, reports, 

2 and other relevant materials related to the 

3 subject of previous studies, including addi4 tional research identifying new content-ag5 nostic interventions; and 

6 (ii) new academic research, reports, 

7 and other relevant materials about harms 

8 occurring on covered platforms that are 

9 not being addressed by the content-agnos10 tic interventions being implemented by cov11 ered platforms as a result of the regula12 tions promulgated under section 4; 

13 (C) include information about the imple14 mentation of the content-agnostic interventions 

15 by covered platforms and the impact of the im16 plementation of the content-agnostic interven17 tions; and 

18 (D) include an analysis of any entities that 

19 have newly met the criteria to be considered a 

20 covered platform under this Act since the last 

21 report submitted under this subsection. 

22 SEC. 4. IMPLEMENTATION OF CONTENT-AGNOSTIC INTER23 VENTIONS. 

24 (a) DETERMINATION OF APPLICABLE CONTENT-AG25 NOSTIC INTERVENTIONS.— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 3608 IS

1 (1) IN GENERAL.—Not later than 60 days after 

2 the receipt of the initial study report under section 

3 3(c)(1), the Commission shall initiate a rulemaking 

4 proceeding for the purpose of promulgating regula5 tions in accordance with section 553 of title 5, 

6 United States Code— 

7 (A) to determine how covered platforms 

8 should be grouped together; 

9 (B) to determine which content-agnostic 

10 interventions identified in such report shall be 

11 applicable to each group of covered platforms 

12 identified in the report; and 

13 (C) to require each covered platform to im14 plement and measure the impact of such con15 tent-agnostic interventions in accordance with 

16 subsection (b). 

17 (2) CONSIDERATIONS.—In the rulemaking pro18 ceeding described in paragraph (1), the Commis19 sion— 

20 (A) shall consider the report under section 

21 3(c)(1) and its recommendations; and 

22 (B) shall not promulgate regulations re23 quiring any covered platform to implement a 

24 content-agnostic intervention that is not dis25 cussed in such report. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 3608 IS

1 (3) NOTIFICATION TO COVERED PLATFORMS.— 

2 The Commission shall, not later than 30 days after 

3 the promulgation of the regulations under this sub4 section, provide notice to each covered platform of 

5 the content-agnostic interventions that are applicable 

6 to the platform pursuant to the regulations promul7 gated under this subsection. 

8 (b) IMPLEMENTATION OF CONTENT-AGNOSTIC

9 INTERVENTIONS.— 

10 (1) IN GENERAL.— 

11 (A) IMPLEMENTATION PLAN.— 

12 (i) IN GENERAL.—Not later than 60 

13 days after the date on which a covered 

14 platform receives the notice from the Com15 mission required under subsection (a)(3), 

16 the covered platform shall submit to the 

17 Commission a plan to implement each con18 tent-agnostic intervention applicable to the 

19 covered platform (as determined by the 

20 Commission) in an appropriately prompt 

21 manner. If the covered platform reasonably 

22 believes that any aspect of an applicable 

23 intervention is not technically feasible for 

24 the covered platform to implement, would 

25 substantially change the core functionality 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 3608 IS

1 of the covered platform, or would pose a 

2 material privacy or security risk to con3 sumer data stored, held, used, processed, 

4 or otherwise possessed by such covered 

5 platform, the covered platform shall in6 clude in its plan evidence supporting these 

7 beliefs in accordance with paragraph (2). 

8 (ii) COMMISSION DETERMINATION.— 

9 Not later than 30 days after receiving a 

10 covered platform’s plan under clause (i), 

11 the Commission shall determine whether 

12 such plan includes details related to the 

13 appropriately prompt implementation of 

14 each content-agnostic intervention applica15 ble to the covered platform, except for any 

16 aspect of an intervention for which the 

17 Commission determines the covered plat18 form is exempt under paragraph (2). 

19 (iii) APPEAL OR REVISED PLAN.— 

20 (I) IN GENERAL.—Subject to 

21 subclause (II), if the Commission de22 termines under clause (ii) that a cov23 ered platform’s plan does not satisfy 

24 the requirements of this subsection, 

25 not later than 90 days after the 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 3608 IS

1 issuance of such determination, the 

2 covered platform shall— 

3 (aa) appeal the determina4 tion by the Commission to the 

5 United States Court of Appeals 

6 for the Federal Circuit; or 

7 (bb) submit to the Commis8 sion a revised plan for a Commis9 sion determination pursuant to 

10 clause (ii). 

11 (II) LIMITATION.—If a covered 

12 platform submits 3 revised plans to 

13 the Commission for a determination 

14 pursuant to clause (ii) and the Com15 mission determines that none of the 

16 revised plans satisfy the requirements 

17 of this subsection, the Commission 

18 may find that the platform is not act19 ing in good faith in developing an im20 plementation plan and may require 

21 the platform to implement, pursuant 

22 to a plan developed for the platform 

23 by the Commission, each content-ag24 nostic intervention applicable to the 

25 platform (as determined by the ComVerDate Sep 11 2014 04:48 Feb 10, 2022 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3608.IS S3608

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 3608 IS

1 mission) in an appropriately prompt 

2 manner. 

3 (B) STATEMENT OF COMPLIANCE.—Not 

4 less frequently than annually, each covered plat5 form shall make publicly available on their 

6 website and submit to the Commission, in a 

7 machine-readable format and in a privacy-pre8 serving manner, the details of— 

9 (i) the covered platform’s compliance 

10 with the required implementation of con11 tent-agnostic interventions; and 

12 (ii) the impact (using the metrics de13 fined by the Director of the National 

14 Science Foundation and the National 

15 Academies of Sciences, Engineering, and 

16 Medicine pursuant to section 3(a)(6)) of 

17 such content-agnostic interventions on re18 ducing the harms of algorithmic amplifi19 cation and social media addiction on cov20 ered platforms. 

21 (2) FEASIBILITY, FUNCTIONALITY, PRIVACY, 

22 AND SECURITY EXEMPTIONS.— 

23 (A) STATEMENT OF INAPPLICABILITY.— 

24 Not later than 60 days after the date on which 

25 a covered platform receives the notice from the 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 3608 IS

1 Commission required under subsection (a)(3), a 

2 covered platform seeking an exemption from 

3 any aspect of such rule may submit to the Com4 mission— 

5 (i) a statement identifying any specific 

6 aspect of a content-agnostic intervention 

7 applicable to such covered platform (as de8 termined by the Commission under sub9 section (a)) that the covered platform rea10 sonably believes— 

11 (I) is not technically feasible for 

12 the covered platform to implement; 

13 (II) will substantially change the 

14 core functionality of the covered plat15 form; or 

16 (III) will create a material and 

17 imminent privacy or security risk to 

18 the consumer data stored, held, used, 

19 processed, or otherwise possessed by 

20 such covered platform; and 

21 (ii) specific evidence supporting such 

22 belief, including any relevant information 

23 regarding the core functionality of the cov24 ered platform. 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 3608 IS

1 (B) DETERMINATION BY THE COMMIS2 SION.—Not later than 30 days after receiving a 

3 covered platform’s statement under subpara4 graph (A), the Commission shall determine 

5 whether the covered platform shall be exempt 

6 from any aspect of a content-agnostic interven7 tion discussed in the covered platform’s state8 ment. 

9 (C) APPEAL OR REVISED PLAN.—Not later 

10 than 90 days after a determination issued 

11 under subparagraph (B), a covered platform 

12 may— 

13 (i) appeal the determination by the 

14 Commission to the United States Court of 

15 Appeals for the Federal Circuit; or 

16 (ii) submit to the Commission a re17 vised plan, including details related to the 

18 prompt implementation of any content-ag19 nostic intervention for which the covered 

20 platform requested an exemption that the 

21 Commission subsequently denied, for a 

22 Commission determination pursuant to 

23 paragraph (1)(A)(ii). 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 3608 IS

1 SEC. 5. TRANSPARENCY REPORT. 

2 Not later than 180 days after the date of enactment 

3 of this Act, and semiannually thereafter, each covered 

4 platform shall publish a publicly available, machine-read5 able report about the content moderation efforts of the 

6 covered platform with respect to each language spoken by 

7 not less than 100,000 monthly active users of the covered 

8 platform in the United States. Such report shall include 

9 the following: 

10 (1) CONTENT MODERATORS.—The total number 

11 of individuals employed or contracted by the covered 

12 platform during the reporting period to engage in 

13 content moderation for each language, broken down 

14 by the number of individuals retained as full-time 

15 employees, part-time employees, and contractors of 

16 the covered platform and reported in a privacy-pre17 serving manner. 

18 (2) RANDOM SAMPLE OF VIEWED CONTENT.— 

19 Information related to a random sample of publicly 

20 visible content accounting for 1,000 views each 

21 month. Each month, covered platforms shall cal22 culate the total number of views for each piece of 

23 publicly visible content posted during the month and 

24 sample randomly from the content in a manner such 

25 that the probability of a piece of content being sam26 pled is proportionate to the total number of views of 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 3608 IS

1 that piece of content during the month. Covered 

2 platforms shall report the following information 

3 about each piece of sampled content (with appro4 priate redactions to exclude the disclosure of illegal 

5 content): 

6 (A) The text, images, audio, video, or other 

7 creative data associated with each such piece of 

8 content. 

9 (B) The details of the account or accounts 

10 that originally posted the content. 

11 (C) The total number of views of each such 

12 piece of content during the month. 

13 (3) HIGH REACH CONTENT.—Content modera14 tion metrics broken down by language to assess the 

15 prevalence of harmful content on the covered plat16 form, including, for each language, the 1,000 most 

17 viewed pieces of publicly visible content each month, 

18 including the following (with appropriate redactions 

19 to exclude the disclosure of illegal content): 

20 (A) The text, images, audio, video, or other 

21 creative data associated with each such piece of 

22 content. 

23 (B) The details of— 

24 (i) the account that originally posted 

25 the content; and 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 3608 IS

1 (ii) any account whose sharing or re2 posting of the content accounted for more 

3 than 5 percent of the views of the content. 

4 (4) REMOVED AND MODERATED CONTENT.— 

5 (A) IN GENERAL.—Aggregate metrics for 

6 user-generated content that is affected by any 

7 automated or manual moderation system or de8 cision, including, as calculated on a monthly 

9 basis and reported in a privacy-preserving man10 ner, the number of pieces of user-generated 

11 content and the number of views of such con12 tent that were— 

13 (i) reported to the covered platform by 

14 a user of the covered platform; 

15 (ii) flagged by the covered platform by 

16 an automated content detection system; 

17 (iii) removed from the covered plat18 form and not restored; 

19 (iv) removed from the covered plat20 form and later restored; or 

21 (v) labeled, edited, or otherwise mod22 erated by the covered platform following a 

23 user report or flagging by an automated 

24 content detection system. 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 3608 IS

1 (B) REQUIREMENTS FOR METRICS.—The 

2 metrics reported under subparagraph (A) shall 

3 be broken down by— 

4 (i) the language of the user-generated 

5 content; 

6 (ii) the topic of the user-generated 

7 content, such as bullying, hate speech, 

8 drugs and firearms, violence and incite9 ment, or any other category determined by 

10 the covered platform to categorize such 

11 content; and 

12 (iii) if the covered platform has a 

13 process for publicly verifying that an ac14 count on the platform belongs to a promi15 nent user or public figure, whether the cre16 ator of the content is a politician or jour17 nalist with a verified account. 

18 SEC. 6. ENFORCEMENT. 

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

20 A violation of section 3(b), 4, or 5 or a regulation promul21 gated under section 4 shall be treated as a violation of 

22 a rule defining an unfair or deceptive act or practice pre23 scribed under section 18(a)(1)(B) of the Federal Trade 

24 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

25 (b) POWERS OF THE COMMISSION.— 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 3608 IS

1 (1) IN GENERAL.—The Commission shall en2 force this Act in the same manner, by the same 

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

4 duties as though all applicable terms and provisions 

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

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

7 this Act. 

8 (2) PRIVILEGES AND IMMUNITIES.—Any person 

9 who violates section 4 or 5 or a regulation promul10 gated under section 4 shall be entitled to the privi11 leges and immunities provided in the Federal Trade 

12 Commission Act (15 U.S.C. 41 et seq.). 

13 (3) ENFORCEMENT GUIDELINES AND UP14 DATES.—Not later than 1 year after the date of en15 actment of this Act, the Commission shall issue 

16 guidelines that outline any policies and practices of 

17 the Commission related to the enforcement of this 

18 Act in order to promote transparency and deter vio19 lations of this Act. The Commission shall update the 

20 guidelines as needed to reflect current policies, prac21 tices, and changes in technology, but not less fre22 quently than once every 4 years. 

23 (4) AUTHORITY PRESERVED.—Nothing in this 

24 Act shall be construed to limit the authority of the 

25 Commission under any other provision of law. 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 3608 IS

1 SEC. 7. DEFINITIONS. 

2 In this Act: 

3 (1) ALGORITHMIC AMPLIFICATION.—The term 

4 ‘‘algorithmic amplification’’ means the promotion, 

5 demotion, recommendation, prioritization, or de6 prioritization of user-generated content on a covered 

7 platform to other users of the covered platform 

8 through a means other than presentation of content 

9 in a reverse-chronological or chronological order. 

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

11 means the Federal Trade Commission. 

12 (3) CONTENT MODERATION.—The term ‘‘con13 tent moderation’’ means the intentional removal, la14 beling, or altering of user-generated content on a 

15 covered platform by the covered platform or an auto16 mated or human system controlled by the covered 

17 platform, including decreasing the algorithmic rank18 ing of user-generated content, removing user-gen19 erated content from algorithmic recommendations, 

20 or any other action taken in accordance with the 

21 covered platform’s terms of service, community 

22 guidelines, or similar materials governing the con23 tent allowed on the covered platform. 

24 (4) CONTENT-AGNOSTIC INTERVENTION.—The 

25 term ‘‘content-agnostic intervention’’ means an ac26 tion that can be taken by a covered platform to alter 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 3608 IS

1 a user’s experience on the covered platform or the 

2 user interface of the covered platform that does 

3 not— 

4 (A) rely on the substance of user-generated 

5 content on the covered platform; or 

6 (B) alter the core functionality of the cov7 ered platform. 

8 (5) COVERED PLATFORM.—The term ‘‘covered 

9 platform’’ means any public-facing website, desktop 

10 application, or mobile application that— 

11 (A) is operated for commercial purposes; 

12 (B) provides a forum for user-generated 

13 content; 

14 (C) is constructed such that the core 

15 functionality of the website or application is to 

16 facilitate interaction between users and user17 generated content; and 

18 (D) has more than 20,000,000 monthly ac19 tive users in the United States for a majority 

20 of the months in the previous 12-month period. 

21 (6) PRIVACY-PRESERVING MANNER.—The term 

22 ‘‘privacy-preserving manner’’ means, with respect to 

23 a report made by a covered platform, that the infor24 mation contained in the report is presented in a 

25 manner in which it is not reasonably capable of 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 3608 IS

1 being used, either on its own or in combination with 

2 other readily accessible information, to uniquely 

3 identify an individual. 

4 (7) USER.—The term ‘‘user’’ means a person 

5 that uses a covered platform, regardless of whether 

6 that person has an account or is otherwise registered 

7 with the platform. 

8 (8) USER-GENERATED CONTENT.—The term 

9 ‘‘user-generated content’’ means any content, includ10 ing text, images, audio, video, or other creative data 

11 that is substantially created, developed, or published 

12 on a covered platform by any user of such covered 

13 platform. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS