SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice Against Mali-
cious Algorithms Act of 2021’’. 
SEC. 2. PERSONALIZED RECOMMENDATION OF THIRD- 
PARTY INFORMATION. 
(a) IN GENERAL.—Section 230 of the Communica-
tions Act of 1934 (47 U.S.C. 230) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) PERSONALIZED RECOMMENDATION OF INFOR-
MATION PROVIDED BY ANOTHER INFORMATION CONTENT 
PROVIDER.— 
‘‘(1) IN GENERAL.—Subsection (c)(1) does not 
apply to a provider of an interactive computer serv-
ice 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 per-
sonalized recommendation of such informa-
tion; or 
‘‘(ii) recklessly made a personalized 
recommendation of such information; and 
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‘‘(B) such recommendation materially con-
tributed 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 inter-
active 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.—Para-
graph (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.—Para-
graph (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 manage-
ment, control, or operation of such other inter-
active computer service, including for— 
‘‘(i) web hosting; 
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‘‘(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’ means, with re-
spect to information, the material enhancement, 
using a personalized algorithm, of the prominence of 
such information with respect to other information. 
‘‘(6) PERSONALIZED
ALGORITHM.—The term 
‘personalized algorithm’ means an algorithm that re-
lies on information specific to an individual. 
‘‘(7) ALGORITHM.—The term ‘algorithm’ means 
any computational process, model, or other auto-
mated means of processing to rank, order, promote, 
recommend, amplify, or similarly alter the delivery 
or display of information (including any text, image, 
audio, or video post and any page, group, account, 
channel, or affiliation).’’. 
(b) CONFORMING AMENDMENT.—Section 223(h)(2) 
of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) 
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is amended by striking ‘‘section 230(f)(2)’’ and inserting 
‘‘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 enact-
ment of this Act. 
Æ 
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