Filter Bubble Transparency Act

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. Short title This Act may be cited as the Filter Bubble Transparency Act 2. Definitions In this Act: (1) Algorithmic ranking system The term algorithmic ranking system (2) Commission The term Commission (3) Connected device The term connected device (A) is capable of connecting to the internet, either directly or indirectly through a network, to communicate information at the direction of an individual; and (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data. (4) Covered internet platform (A) In general The term covered internet platform (B) Exclusions Such term shall not include a platform that— (i) is wholly owned, controlled, and operated by a person that— (I) for the most recent 6-month period, did not employ more than 500 employees; (II) for the most recent 3-year period, averaged less than $50,000,000 in annual gross receipts; and (III) collects or processes on an annual basis the personal data of less than 1,000,000 individuals; or (ii) is operated for the sole purpose of conducting research that is not made for profit either directly or indirectly. (5) Input-transparent algorithm (A) In general The term input-transparent algorithm (B) Inclusion of age-appropriate content filters Such term shall include an algorithmic ranking system that uses user-specific data to determine whether a user is old enough to access age-restricted content on a covered internet platform, provided that the system otherwise meets the requirements of subparagraph (A). (C) Data provided for express purpose of interaction with platform For purposes of subparagraph (A), user-specific data that is provided by a user for the express purpose of determining the order or manner that information is furnished to a user on a covered internet platform— (i) shall include user-supplied search terms, filters, speech patterns (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform), saved preferences, and the user's current geographical location; (ii) shall include data supplied to the platform by the user that expresses the user's desire that information be furnished to them, such as the social media profiles the user follows, the video channels the user subscribes to, or other sources of content on the platform the user follows; (iii) shall not include the history of the user's connected device, including the user's history of web searches and browsing, geographical locations, physical activity, device interaction, and financial transactions; and (iv) shall not include inferences about the user or the user's connected device, without regard to whether such inferences are based on data described in clause (i). (6) Opaque algorithm (A) In general The term opaque algorithm (B) Exception for age-appropriate content filters Such term shall not include an algorithmic ranking system used by a covered internet platform if— (i) the only user-specific data (including inferences about the user) that the system uses is information relating to the age of the user; and (ii) such information is only used to restrict a user's access to content on the basis that the individual is not old enough to access such content. (7) Search syndication contract; upstream provider; downstream provider (A) Search syndication contract The term search syndication contract (B) Upstream provider The term upstream provider (C) Downstream provider The term downstream provider (8) User-specific data The term user-specific data 3. Requirement to allow users to see unmanipulated content on internet platforms (a) In general Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful— (1) for any person to operate a covered internet platform that uses an opaque algorithm unless the person complies with the requirements of subsection (b); or (2) for any upstream provider to grant access to an index of web pages on the internet under a search syndication contract that does not comply with the requirements of subsection (c). (b) Opaque algorithm requirements (1) In general The requirements of this subsection with respect to a person that operates a covered internet platform that uses an opaque algorithm are the following: (A) The person provides notice to users of the platform that the platform uses an opaque algorithm that makes inferences based on user-specific data to select the content the user sees. Such notice shall be presented in a clear, conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time, and may be a one-time notice that can be dismissed by the user. (B) The person makes available a version of the platform that uses an input-transparent algorithm and enables users to easily switch between the version of the platform that uses an opaque algorithm and the version of the platform that uses the input-transparent algorithm by selecting a prominently placed icon, which shall be displayed wherever the user interacts with an opaque algorithm. (2) Nonapplication to certain downstream providers Paragraph (1) shall not apply with respect to an internet search engine if— (A) the search engine is operated by a downstream provider with fewer than 1,000 employees; and (B) the search engine uses an index of web pages on the internet to which such provider received access under a search syndication contract. (c) Search syndication contract requirement The requirements of this subsection with respect to a search syndication contract are that— (1) as part of the contract, the upstream provider makes available to the downstream provider the same input-transparent algorithm used by the upstream provider for purposes of complying with subsection (b)(1)(B); and (2) the upstream provider does not impose any additional costs, degraded quality, reduced speed, or other constraint on the functioning of such algorithm when used by the downstream provider to operate an internet search engine relative to the performance of such algorithm when used by the upstream provider to operate an internet search engine. 4. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of this Act by an operator of a covered internet platform shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (b) Powers of commission (1) In general Except as provided in paragraph (3), the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 (2) Privileges and immunities Except as provided in paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 (3) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 (A) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 (B) organizations not organized to carry on business for their own profit or that of their members. (4) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.

Summary: Filter Bubble Transparency Act This bill establishes requirements for large online platforms that use algorithms applying artificial intelligence or machine learning to user-specific data to determine the manner in which content is displayed to users. Specifically, if an online platform applies such techniques to user-specific data that is not expressly provided by the user, the platform must (1) notify users that the platform uses such data, and (2) make a version of the platform available that uses only user-specific data that has been expressly provided by the user and which enables users to switch between the two platforms. These requirements do not apply to search engines operated by downstream providers with fewer than 1,000 employees and that have an agreement to access an index of web pages from an upstream provider. However, the bill requires such upstream providers to make their algorithm available to downstream providers as part of such an agreement.