I 
117TH CONGRESS 
1ST SESSION H. R. 6083 
To prohibit the use of exploitative and deceptive practices by large online 
operators and to promote consumer welfare in the use of behavioral 
research by such providers. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 30, 2021 
Ms. BLUNT ROCHESTER (for herself and Mr. GONZALEZ of Ohio) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To prohibit the use of exploitative and deceptive practices 
by large online operators and to promote consumer wel-
fare in the use of behavioral research by such providers. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deceptive Experiences 
To Online Users Reduction Act’’ or the ‘‘DETOUR Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) BEHAVIORAL OR PSYCHOLOGICAL EXPERI-
MENT OR RESEARCH.—The term ‘‘behavioral or psy-
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chological experiment or research’’ means the study, 
including through human experimentation, of overt 
or observable actions or mental phenomena inferred 
from behavior, including interactions between and 
among individuals and the activities of social groups. 
(2) CHILD.—The term ‘‘child’’ has the meaning 
given such term in section 1302 of the Children’s 
Online Privacy Protection Act of 1998 (15 U.S.C. 
6501). 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) COMPULSIVE USAGE.—The term ‘‘compul-
sive usage’’ means any response stimulated by exter-
nal factors that causes an individual to engage in re-
petitive behavior causing psychological distress, loss 
of control, anxiety, depression, or harmful stress re-
sponses. 
(5) INDEPENDENT REVIEW BOARD.—The term 
‘‘independent review board’’ means a board, com-
mittee, or other group that serves to protect the wel-
fare and privacy of users and is formally designated 
by a large online operator to review, to approve the 
initiation of, and to conduct periodic review of, any 
research by, or at the direction or discretion of, a 
large online operator, involving human subjects. 
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(6) INFORMED CONSENT.—The term ‘‘informed 
consent’’— 
(A) means the express, affirmative consent 
freely given by a user, in which such user is 
provided a clear and conspicuous description— 
(i) of a process by which a user is 
provided adequate information prior to 
being included in any behavioral or psycho-
logical experiment or study in order to 
allow for an informed decision about vol-
untary participation in such a behavioral 
or psychological research experiment or re-
search; and 
(ii) ensuring the understanding by 
such user of the furnished information and 
any associated benefits, risks, or con-
sequences of participation prior to obtain-
ing the voluntary agreement to participate 
by the user; and 
(B) does not include— 
(i) the consent of a child; or 
(ii) the consent to a provision con-
tained in a general contract or service 
agreement. 
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(7) LARGE
ONLINE
OPERATOR.—The term 
‘‘large online operator’’ means any person that— 
(A) provides an online service; 
(B) has more than 100,000,000 authenti-
cated users of an online service in any 30-day 
period; and 
(C) is subject to the jurisdiction of the 
Commission under the Federal Trade Commis-
sion Act (15 U.S.C. 41 et seq.). 
(8) ONLINE SERVICE.—The term ‘‘online serv-
ice’’ means a website or a service, other than an 
internet access service, that is made available to the 
public over the internet, including a social network, 
a search engine, or an email service. 
(9) USER.—The term ‘‘user’’ means any indi-
vidual who engages with an online service. 
(10) USER
DATA.—The term ‘‘user data’’ 
means any information relating to an identified or 
identifiable individual user, whether directly sub-
mitted to the large online operator by the user or de-
rived from the observed activity of the user by the 
large online operator. 
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SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE-
LATING TO THE MANIPULATION OF USER 
INTERFACES. 
(a) CONDUCT PROHIBITED.—It shall be unlawful for 
any large online operator— 
(1) to design, modify, or manipulate a user 
interface with the purpose or substantial effect of 
obscuring, subverting, or impairing user autonomy, 
decision making, or choice to obtain consent or user 
data; 
(2) to subdivide or segment consumers of online 
services into groups for the purposes of behavioral or 
psychological experiment or research of users of an 
online service, except with the informed consent of 
each user involved; or 
(3) to design, modify, or manipulate a user 
interface on a website or online service, or portion 
thereof, that is directed to an individual under the 
age of 13, with the purpose or substantial effect of 
causing, increasing, or encouraging compulsive 
usage, inclusive of video auto-play functions initiated 
without the consent of a user. 
(b) DUTIES OF LARGE ONLINE OPERATORS.—Any 
large online operator that engages in any form of behav-
ioral or psychological experiment or research based on the 
activity or data of its users shall do each of the following: 
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(1) The large online operator shall disclose to 
its users on a routine basis, but not less than once 
each 90 days, the general purpose of any such be-
havioral or psychological experiment or research, to 
each user whose user data is or was during the pre-
vious 90-day period subject to or included in any be-
havioral or psychological experiment or research. 
(2) The large online operator shall disclose to 
the public on a routine basis, but not less than once 
each 90 days, any experiments or studies with the 
purposes of promoting engagement or product con-
version being currently undertaken, or concluded 
since the prior disclosure. 
(3) The large online operator shall present the 
disclosures described in paragraphs (1) and (2) in a 
manner that— 
(A) is clear, conspicuous, context-appro-
priate, and easily accessible; and 
(B) is not deceptively obscured. 
(4)(A) Subject to subparagraph (B), the large 
online operator shall remove and delete all data ob-
tained from affected users in the course of a behav-
ioral or psychological experiment or research if the 
large online operator— 
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(A) the names and re´sume´s of every Board 
member; 
(B) the composition and reporting struc-
ture of the Board to the management of the op-
erator; 
(C) the process by which the Board is to 
be notified of proposed studies or modifications 
along with the processes by which the board is 
capable of vetoing or amending such proposals; 
(D) any compensation provided to board 
members; and 
(E) any conflict of interest that might 
exist concerning a board member’s participation 
in the Board. 
(c) 
REGISTERED
PROFESSIONAL
STANDARDS 
BODY.— 
(1) IN GENERAL.—An association of large on-
line operators may register as a professional stand-
ards body by filing with the Commission an applica-
tion for registration in such form as the Commis-
sion, by rule, may prescribe containing the rules of 
the association and such other information and doc-
uments as the Commission, by rule, may prescribe 
as necessary or appropriate in the public interest or 
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for protecting the welfare of users of large online op-
erators. 
(2) PROFESSIONAL STANDARDS BODY.—An as-
sociation of large online operators may not register 
as a professional standards body unless the Commis-
sion determines that— 
(A) the association is so organized and has 
the capacity to enforce compliance by its mem-
bers and persons associated with its members, 
with the provisions of this Act; 
(B) the rules of the association provide 
that any large online operator may become a 
member of such association; 
(C) the rules of the association ensure a 
fair representation of its members in the selec-
tion of its directors and administration of its 
affairs and provide that one or more directors 
shall be representative of users and not be asso-
ciated with, or receive any direct or indirect 
funding from, a member of the association or 
any large online operator; 
(D) the rules of the association are de-
signed to prevent exploitative and manipulative 
acts or practices, to promote transparent and 
fair principles of technology development and 
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design, to promote research in keeping with 
best practices of study design and informed 
consent, and to continually evaluate industry 
practices and issue contractually binding guid-
ance consistent with the objectives of this Act; 
(E) the rules of the association provide 
that its members and persons associated with 
its members shall be appropriately disciplined 
for violation of any provision of this Act, the 
rules or regulations thereunder, or the rules of 
the association, by expulsion, suspension, limi-
tation of activities, functions, fine, censure, 
being suspended or barred from being associ-
ated with a member, or any other appropriate 
sanction; and 
(F) the rules of the association are in ac-
cordance with the provisions of this Act, and, in 
general, provide a fair procedure for the dis-
ciplining of members and persons associated 
with members, the denial of membership to any 
person seeking membership therein, the barring 
of any person from becoming associated with a 
member thereof, and the prohibition or limita-
tion by the association of any person with re-
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spect to access to services offered by the asso-
ciation or a member thereof. 
(3) RESPONSIBILITIES AND ACTIVITIES.— 
(A) BRIGHT-LINE RULES.—An association 
shall— 
(i) develop, on a continuing basis, 
guidance and bright-line rules for the de-
velopment and design of technology prod-
ucts of large online operators consistent 
with subparagraph (B); and 
(ii) notify the Commission of such 
guidance and bright-line rules. 
(B) SAFE HARBORS.—In formulating guid-
ance under subparagraph (A), the association 
shall define conduct that does not have the pur-
pose or substantial effect of subverting or im-
pairing user autonomy, decision making, or 
choice, or of cultivating compulsive usage for a 
child such as— 
(i) de minimis user interface changes 
derived from testing consumer preferences, 
including different styles, layouts, or text, 
where such changes are not done with the 
purpose of obtaining user consent or user 
data; 
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(ii) algorithms or data outputs outside 
the control of a large online operator or its 
affiliates; and 
(iii) establishing default settings that 
provide enhanced privacy protection to 
users or otherwise enhance their autonomy 
and decision-making ability. 
(d) ENFORCEMENT BY THE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.— 
(A) IN
GENERAL.—A violation of sub-
section (a) or (b) shall be treated as a violation 
of a rule defining an unfair or deceptive act or 
practice under section 18(a)(1)(B) of the Fed-
eral 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(B) DETERMINATION.—For purposes of 
enforcement of this Act, the Commission shall 
determine an act or practice is unfair or decep-
tive if the act or practice— 
(i) has the purpose, or substantial ef-
fect, of subverting or impairing user auton-
omy, decision making, or choice to obtain 
consent or user data; or 
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(ii) has the purpose, or substantial ef-
fect, of cultivating compulsive usage by a 
child. 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this Act and the regulations promul-
gated under this Act in the same manner, by 
the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this Act or a regulation 
promulgated under this Act shall be subject to 
the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Commission under any other provi-
sion of law. 
(D) REGULATIONS.—Not later than 1 year 
after the date of enactment of this Act, the 
Commission shall promulgate regulations under 
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