I 
117TH CONGRESS 
1ST SESSION H. R. 3611 
To prohibit the discriminatory use of personal information by online platforms 
in any algorithmic process, to require transparency in the use of algo-
rithmic processes and content moderation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 28, 2021 
Ms. MATSUI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit the discriminatory use of personal information 
by online platforms in any algorithmic process, to require 
transparency in the use of algorithmic processes and 
content moderation, and for other purposes. 
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 ‘‘Algorithmic Justice 
and Online Platform Transparency Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Sep 11 2014 
23:49 Jul 07, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3611.IH
H3611
kjohnson on DSK79L0C42PROD with BILLS
(1) Online platforms have become integral to 
individuals’ full participation in economic, demo-
cratic, and societal processes. 
(2) Online platforms employ manipulative dark 
patterns, collect large amounts of personal informa-
tion from their users, and leverage that personal in-
formation for opaque algorithmic processes in ways 
that create vastly different experiences for different 
types of users. 
(3) Algorithmic processes are often used by on-
line platforms without adequate testing and in the 
absence of critical transparency requirements and 
other legally enforceable safety and efficacy stand-
ards, which has resulted in discrimination in hous-
ing, lending, job advertising, and other areas of op-
portunity. 
(4) The use of discriminatory algorithmic proc-
esses causes disproportionate harm to populations 
that already experience marginalization. 
(5) Online platforms constantly engage in con-
tent moderation decision making, resulting in highly 
influential outcomes regarding what content is visi-
ble and accessible to users. 
(6) Online platforms’ content moderation prac-
tices have disproportionately significant repercus-
VerDate Sep 11 2014 
23:49 Jul 07, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3611.IH
H3611
kjohnson on DSK79L0C42PROD with BILLS
sions for members of marginalized communities, who 
have historically been the target of nefarious online 
activity, including disinformation campaigns. 
(7) Users of online platforms should have ac-
cess to understandable information about how online 
platforms moderate content and use algorithmic 
processes to amplify or recommend content. 
(8) Users of online platforms should be able to 
easily move their data to alternative online plat-
forms, and the importance of this right is particu-
larly significant given certain online platforms’ use 
of harmful algorithmic processes and engagement in 
ineffective content moderation. 
(9) In a variety of sectors, algorithmic proc-
esses also facilitate discriminatory outcomes on on-
line platforms that individuals may not personally 
interact with, but which nonetheless process the per-
sonal information of such individuals and have sig-
nificant, negative consequences. 
(10) The people of the United States would 
benefit from the convening of experts from a diverse 
set of governmental positions to collectively study 
and report on discriminatory algorithmic processes 
across the United States economy and society, with 
particular attention to intersections of harm. 
VerDate Sep 11 2014 
01:35 Jul 08, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3611.IH
H3611
kjohnson on DSK79L0C42PROD with BILLS
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ALGORITHMIC PROCESS.—The term ‘‘algo-
rithmic process’’ means a computational process, in-
cluding one derived from machine learning or other 
artificial intelligence techniques, that processes per-
sonal information or other data for the purpose of 
determining the order or manner that a set of infor-
mation is provided, recommended to, or withheld 
from a user of an online platform, including the pro-
vision of commercial content, the display of social 
media posts, or any other method of automated deci-
sion making, content selection, or content amplifi-
cation. 
(2) BIOMETRIC INFORMATION.—The term ‘‘bio-
metric information’’— 
(A) means information regarding the phys-
iological or biological characteristics of an indi-
vidual that may be used, singly or in combina-
tion with each other or with other identifying 
data, to establish the identity of an individual; 
and 
(B) includes— 
(i) genetic information; 
(ii) imagery of the iris, retina, finger-
print, face, hand, palm, vein patterns, and 
VerDate Sep 11 2014 
23:49 Jul 07, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3611.IH
H3611
kjohnson on DSK79L0C42PROD with BILLS
voice recordings, from which an identifier 
template, such as a faceprint, a minutiae 
template, or a voiceprint, can be extracted; 
(iii) keystroke patterns or rhythms, 
gait patterns or rhythms, and sleep, 
health, or exercise data that contain identi-
fying information; and 
(iv) any mathematical code, profile, or 
algorithmic model derived from informa-
tion regarding the physiological or biologi-
cal characteristics of an individual. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) CONTENT MODERATION.—The term ‘‘con-
tent moderation’’ means— 
(A) the intentional deletion, labeling, or ed-
iting of user generated content or a process of 
purposefully decreasing access to such content 
through the human labor of any individual that 
is financially compensated by an online plat-
form, an automated process, or some combina-
tion thereof, pursuant to the online platform’s 
terms of service or stated community standards; 
and 
VerDate Sep 11 2014 
23:49 Jul 07, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3611.IH
H3611
kjohnson on DSK79L0C42PROD with BILLS