Justice Against Malicious Algorithms Act of 2021

To amend section 230 of the Communications Act of 1934 to limit the liability protection provided by such section when a provider of an interactive computer service knew or should have known such provider was making a personalized recommendation of third-party information or recklessly made a personalized recommendation of such information, and for other purposes. 1. Short title This Act may be cited as the Justice Against Malicious Algorithms Act of 2021 2. Personalized recommendation of third-party information (a) In general Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following: (f) Personalized recommendation of information provided by another information content provider (1) In general Subsection (c)(1) does not apply to a provider of an interactive computer service with respect to information provided through such service by another information content provider if— (A) such provider of such service— (i) knew or should have known such provider of such service was making a personalized recommendation of such information; or (ii) recklessly made a personalized recommendation of such information; and (B) such recommendation materially contributed to a physical or severe emotional injury to any person. (2) Exemptions (A) Small businesses Paragraph (1) of this subsection does not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) has 5,000,000 or fewer unique monthly visitors or users for not fewer than 3 of the preceding 12 months. (B) User-specified search Paragraph (1) of this subsection does not apply to a provider of an interactive computer service to the extent that the recommendation was made directly in response to a user-specified search. (C) Internet infrastructure Paragraph (1) of this subsection does not apply to a provider of an interactive computer service to the extent that the service, system, or access software of such provider is used by another interactive computer service for the management, control, or operation of such other interactive computer service, including for— (i) web hosting; (ii) domain registration; (iii) content delivery networks; (iv) caching; (v) data storage; and (vi) cybersecurity. ; and (3) in subsection (g) (as so redesignated), by adding at the end the following: (5) Personalized recommendation The term personalized recommendation (6) Personalized algorithm The term personalized algorithm (7) Algorithm The term algorithm . (b) Conforming amendment Section 223(h)(2) of the Communications Act of 1934 ( 47 U.S.C. 223(h)(2) section 230(f)(2) section 230(g)(2) (c) Applicability The amendments made by this section shall apply with respect to recommendations made after the date that is 180 days after the date of the enactment of this Act.

Summary: Justice Against Malicious Algorithms Act of 2021 This bill limits federal liability protection that applies to a provider of an interactive computer service (e.g., a social media company) for claims related to content provided by a third party if the provider makes personalized recommendations of online content that cause physical or emotional injury. Specifically, the liability protection (sometimes referred to as Section 230 protection) shall not apply to a service provider that has more than 5 million monthly visitors for more than 3 of the preceding 12 months, uses an algorithm or similar computational process to make personalized recommendations based on information specific to an individual, and knowingly or recklessly makes a personalized recommendation that materially contributes to a physical or severe emotional injury to a person. However, the liability protection shall continue to apply to (1) recommendations made directly in response to a user's search; and (2) service providers of web hosting, domain registration, data storage, and related services that are used by another service provider in the management, control, or operation of that provider's services.