I 
118TH CONGRESS 
1ST SESSION H. R. 4624 
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 
JULY 13, 2023 
Ms. MATSUI (for herself and Mr. MFUME) 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: 
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(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-
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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. 
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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 
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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 
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(B) such other practices as the Commis-
sion may identify under regulations promul-
gated under section 553 of title 5, United 
States Code. 
(5) DE-IDENTIFIED.—The term ‘‘de-identified’’, 
with respect to personal information, means infor-
mation that has been altered, anonymized, or aggre-
gated so that it cannot reasonably identify, relate to, 
describe, or be capable of being associated with or 
linked to, directly or indirectly, a particular indi-
vidual or device. 
(6) DEMOGRAPHIC
INFORMATION.—The term 
‘‘demographic information’’ means information re-
garding an individual’s or class of individuals’ race, 
color, ethnicity, sex, religion, national origin, age, 
gender, gender identity, sexual orientation, disability 
status, familial status, immigration status, edu-
cational attainment, income, source of income, occu-
pation, employment status, biometric information, 
criminal record, credit rating, or any categorization 
used by the online platform derived from such infor-
mation. 
(7) GROUP.—The term ‘‘group’’ means a page 
or other subdivision of an online platform that func-
tions as a forum for users to post or otherwise dis-
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tribute content to, or communicate with, other users 
of such page or other subdivision. 
(8) 
NON-PRECISE
GEOLOCATION
INFORMA-
TION.—The term ‘‘non-precise geolocation informa-
tion’’ means information regarding a country, State, 
county, city, or ZIP code. 
(9) ONLINE
PLATFORM.—The term ‘‘online 
platform’’ means any public-facing website, online 
service, online application, or mobile application 
which is operated for commercial purposes and pro-
vides a community forum for user generated content, 
including a social network site, content aggregation 
service, or service for sharing videos, images, games, 
audio files, or other content. 
(10) PERSONAL INFORMATION.— 
(A) IN GENERAL.—The term ‘‘personal in-
formation’’ means information that directly or 
indirectly identifies, or could be reasonably 
linked to, a particular individual or device. 
(B) REASONABLY LINKED.—For purposes 
of subparagraph (A), information could be rea-
sonably linked to an individual or device if such 
information can be used on its own or in com-
bination with other information held by, or 
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readily accessible to, a person to identify an in-
dividual or device. 
(11) PLACE OF PUBLIC ACCOMMODATION.—The 
term ‘‘place of public accommodation’’ means— 
(A) any entity considered a place of public 
accommodation under section 201(b) of the 
Civil Rights Act of 1964 (42 U.S.C. 2000a(b)) 
or section 301 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12181); or 
(B) any commercial entity that offers 
goods or services through the internet to the 
general public. 
(12) SMALL BUSINESS.— 
(A) IN GENERAL.—The term ‘‘small busi-
ness’’ means a commercial entity that estab-
lishes, with respect to the 3 preceding calendar 
years (or since the inception of such entity if 
such period is less than 3 calendar years), that 
the entity— 
(i) maintains an average annual gross 
revenue of less than $25,000,000; 
(ii) on average, annually processes the 
personal information of less than 100,000 
individuals, households, or devices used by 
individuals or households; 
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(iii) on average, derives 50 percent or 
less of its annual revenue from transfer-
ring the personal information of individ-
uals; and 
(iv) has less than 50 workers at any 
time during such period. 
(B) COMMON CONTROL OR BRANDING.— 
For purposes of subparagraph (A), the amounts 
at issue shall include the activity of any person 
that controls, is controlled by, is under common 
control with, or shares common branding with 
such commercial entity. 
(13) USER GENERATED CONTENT.—The term 
‘‘user generated content’’ means any content, includ-
ing text, images, videos, reviews, profiles, games, or 
audio content, that is made or created (including 
through a form, template, or other process provided 
by the online platform) and posted on an online plat-
form by a user of the online platform. 
SEC. 4. TRANSPARENCY. 
(a) NOTICE AND REVIEW OF ALGORITHMIC PROC-
ESS.—Beginning 1 year after the date of enactment of this 
Act, any online platform that employs, operates, or other-
wise utilizes an algorithmic process to withhold, amplify, 
recommend, or promote content (including a group) to a 
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user of the online platform shall comply with the following 
requirements: 
(1) REQUIRED NOTICE.— 
(A) IN GENERAL.—With respect to each 
type of algorithmic process utilized by an online 
platform, such online platform shall disclose the 
following information to users of the online 
platform in conspicuous, accessible, and plain 
language that is not misleading: 
(i) The categories of personal infor-
mation the online platform collects or cre-
ates for purposes of the type of algorithmic 
process. 
(ii) The manner in which the online 
platform collects or creates such personal 
information. 
(iii) How the online platform uses 
such personal information in the type of 
algorithmic process. 
(iv) The method by which the type of 
algorithmic process prioritizes, assigns 
weight to, or ranks different categories of 
personal information to withhold, amplify, 
recommend, or promote content (including 
a group) to a user. 
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(B) LANGUAGE OF REQUIRED NOTICE.— 
Such online platform shall make available the 
notice described in subparagraph (A) in each 
language in which the online platform provides 
services. 
(C) RULEMAKING.—The Commission shall 
conduct a rulemaking to identify each type of 
algorithmic process for which an online plat-
form is required to disclose the information de-
scribed in subparagraph (A). 
(2) REVIEW OF ALGORITHMIC PROCESS.— 
(A) RECORD OF ALGORITHMIC PROCESS.— 
Subject to subparagraph (B), such online plat-
form shall, for 5 years, retain a record that de-
scribes— 
(i) the categories of personal informa-
tion used by the type of algorithmic proc-
ess; 
(ii) the method by which the type of 
algorithmic process weighs or ranks certain 
categories of personal information; 
(iii) the method by which the online 
platform develops its type of algorithmic 
process, including— 
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(I) a description of any personal 
information or other data used in 
such development; 
(II) an explanation of any per-
sonal information or other data used 
to train the type of algorithmic proc-
ess on an ongoing basis; and 
(III) a description of how the 
type of algorithmic process was tested 
for accuracy, fairness, bias, and dis-
crimination; and 
(iv) if the online platform (except for 
a small business) utilizes an algorithmic 
process that relates to opportunities for 
housing, education, employment, insurance, 
credit, or the access to or terms of use of 
any place of public accommodations, an as-
sessment of whether the type of algo-
rithmic process produces disparate out-
comes on the basis of an individual’s or 
class of individuals’ actual or perceived 
race, color, ethnicity, sex, religion, national 
origin, gender, gender identity, sexual ori-
entation, familial status, biometric infor-
mation, or disability status. 
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(B) ADDITIONAL REQUIREMENTS.— 
(i) REQUIREMENT
TO
DE-IDENTIFY 
PERSONAL INFORMATION.—The record de-
scribed in subparagraph (A) shall not in-
clude any personal information other than 
de-identified personal information. 
(ii) EXTENSION OF RECORD RETEN-
TION.—An online platform shall retain the 
record described in subparagraph (A) for 
up to an additional 3 years if the Commis-
sion determines that the online platform 
poses a reasonable risk of engaging in re-
peated violations of this Act or of unlawful 
discrimination as a result of its use of an 
algorithmic process. 
(C) REVIEW OF RECORD.—Upon the re-
quest of the Commission, an online platform 
shall make available to the Commission the 
complete record described in subparagraph (A). 
(b) NOTICE
OF
CONTENT
MODERATION
PRAC-
TICES.— 
(1) NOTICE.— 
(A) IN GENERAL.—Beginning 1 year after 
the date of enactment of this Act, any online 
platform shall disclose to users of the online 
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platform in conspicuous, accessible, and plain 
language that is not misleading a complete de-
scription of the online platform’s content mod-
eration practices, including a description of any 
type of automated content moderation practices 
and content moderation practices that employ 
human labor. 
(B) LANGUAGE OF REQUIRED NOTICE.— 
Such online platform shall make available the 
notice described in subparagraph (A) in each 
language in which the online platform provides 
services. 
(2) CONTENT MODERATION TRANSPARENCY RE-
PORTS.— 
(A) IN
GENERAL.—Beginning 180 days 
after the date of enactment of this Act, any on-
line platform (except for a small business) that 
engages in content moderation shall publish, 
not less than annually, a transparency report of 
their content moderation practices. 
(B) REQUIREMENTS.— 
(i) IN
GENERAL.—The transparency 
report required under subparagraph (A) 
shall include, if applicable: 
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(I) The total number of content 
moderation decisions for the applica-
ble period. 
(II) The number of content mod-
eration decisions for the applicable pe-
riod broken down by: 
(aa) Relevant policy, type, or 
category of content moderation 
undertaken by the online plat-
form. 
(bb) Whether the content 
moderation decision occurred in 
response to information regard-
ing organized campaigns or other 
coordinated behavior. 
(cc) Aggregate demographic 
information of users who created 
the user generated content sub-
jected to content moderation. 
(dd) Aggregate demographic 
information of users targeted by 
an algorithmic process involving 
content 
subjected 
to 
content 
moderation. 
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(I) publicly available to any indi-
vidual without such individual being 
required to create a user account; 
(II) conspicuous; 
(III) accessible; 
(IV) not misleading; and 
(V) available in each language in 
which the online platform provides 
services. 
(iii) 
ACCESSIBILITY
OF
REPORT 
DATA.—The online platform shall— 
(I) provide any data in the trans-
parency report required under sub-
paragraph (A) in a machine-readable 
format; and 
(II) allow anyone to freely copy 
and use such data. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall require an online platform to collect 
personal information that the online platform would 
not otherwise collect. 
(c) ADVERTISEMENT LIBRARY.—Beginning 180 days 
after the date of enactment of this Act, any online plat-
form (except for a small business) that uses personal in-
formation in combination with an algorithmic process to 
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sell or publish an advertisement shall take all reasonable 
steps to maintain a library of such advertisements. The 
library shall— 
(1) be— 
(A) publicly available to any individual 
without such individual being required to create 
a user account; 
(B) conspicuous; 
(C) accessible; 
(D) not misleading; and 
(E) available in each language in which the 
online platform provides services; 
(2) present information in both human- and 
machine-readable formats; 
(3) allow any individual to freely copy and use 
the information contained in the library; 
(4) at a minimum, be searchable by date, loca-
tion, topic, cost, advertiser, keyword, information 
disclosed pursuant to paragraph (6), or any other 
criteria that the Commission, by regulation, deems 
appropriate; 
(5) contain copies of all advertisements sold or 
published by the online platform for 2 years fol-
lowing the sale or publishing of each advertisement; 
and 
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(6) for each advertisement entry, include— 
(A) the content of the advertisement; 
(B) all targeting criteria selected by the 
advertiser, including demographic information 
and non-precise geolocation information (except 
in the event that including a specific criterion 
would disclose personal information); 
(C) any data the online platform provided 
to the advertiser regarding to whom it sold or 
published the advertisement, including demo-
graphic information and non-precise geolocation 
information (except in the event that including 
specific data would disclose personal informa-
tion); and 
(D) the name of the advertiser, the cost of 
the advertisement, the dates the advertisement 
was displayed on the online platform, and any 
other information that the Commission, by reg-
ulation, deems appropriate. 
(d) CERTIFICATION.—Not later than 30 days after 
making any disclosure required by subsection (a)(1), (b), 
or (c), and annually thereafter, an online platform shall 
certify the accuracy and completeness of such disclosure. 
Such certification shall— 
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(1) be signed, under oath, by the online plat-
form’s chief executive officer, chief privacy officer, 
chief operating officer, chief information security of-
ficer, or another senior officer of equivalent stature; 
(2) attest that the officer described in para-
graph (1) has personal knowledge sufficient to make 
such certification; and 
(3) in addition to any annual certification, be 
issued with any material change (which shall not in-
clude routine additions to or maintenance of entries 
in the advertising library pursuant to subsection 
(c)). 
SEC. 5. RIGHT TO DATA PORTABILITY. 
In promulgating regulations under this Act, the Com-
mission shall require an online platform, if the online plat-
form retains the personal information of a user, to provide 
to the user access to the personal information retained in 
the form of a portable electronic table that— 
(1) is in a usable and searchable format; and 
(2) allows the user to transfer such personal in-
formation from one online platform to another with-
out hindrance. 
SEC. 6. PROHIBITED CONDUCT. 
(a) PUBLIC ACCOMMODATIONS.—It shall be unlawful 
for an online platform to employ any proprietary online 
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platform design features, including an algorithmic process, 
or otherwise process the personal information of an indi-
vidual in a manner that segregates, discriminates in, or 
otherwise makes unavailable the goods, services, facilities, 
privileges, advantages, or accommodations of any place of 
public accommodation on the basis of an individual’s or 
class of individuals’ actual or perceived race, color, eth-
nicity, religion, national origin, sex, gender, gender iden-
tity, sexual orientation, familial status, biometric informa-
tion, or disability status. 
(b) EQUAL OPPORTUNITY.—It shall be unlawful for 
an online platform to employ any proprietary online plat-
form design features, including an algorithmic process, or 
otherwise process the personal information of an indi-
vidual for the purpose of advertising, marketing, soliciting, 
offering, selling, leasing, licensing, renting, or otherwise 
commercially contracting for housing, employment, credit, 
insurance, healthcare, or education opportunities in a 
manner that discriminates against or otherwise makes the 
opportunity unavailable on the basis of an individual’s or 
class of individuals’ actual or perceived race, color, eth-
nicity, religion, national origin, sex, gender, gender iden-
tity, sexual orientation, familial status, biometric informa-
tion, or disability status. 
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(c) VOTING RIGHTS.—It shall be unlawful for an on-
line platform to process personal information in a manner 
that intentionally deprives, defrauds, or attempts to de-
prive or defraud any individual of their free and fair exer-
cise of the right to vote in a Federal, State, or local elec-
tion. Such manner includes: 
(1) Intentional deception regarding— 
(A) the time, place, or method of voting or 
registering to vote; 
(B) the eligibility requirements to vote or 
register to vote; 
(C) the counting of ballots; 
(D) the adjudication of elections; 
(E) explicit endorsements by any person or 
candidate; or 
(F) any other material information per-
taining to the procedures or requirements for 
voting or registering to vote in a Federal, State, 
or local election. 
(2) Intentionally using deception, threats, in-
timidation, fraud, or coercion to prevent, interfere 
with, retaliate against, deter, or attempt to prevent, 
interfere with, retaliate against, or deter an indi-
vidual from— 
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(A) voting or registering to vote in a Fed-
eral, State, or local election; or 
(B) supporting or advocating for a can-
didate in a Federal, State, or local election. 
(d) DISCRIMINATORY ADVERTISING.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Commission 
shall promulgate regulations to define and prohibit 
unfair or deceptive acts or practices with respect to 
advertising practices. 
(2) PERIODIC REVIEW OF REGULATIONS.—The 
Commission shall review such regulations not less 
than once every 5 years and update the regulations 
as appropriate. 
(3) CONSIDERATIONS.—In promulgating regu-
lations under this subsection, the Commission shall 
consider: 
(A) Established public policy, such as civil 
rights laws, to prevent discrimination and pro-
mote equal opportunity. 
(B) The state of the art of advertising. 
(C) Research of and methodologies for 
measuring discrimination in advertising. 
(D) The role of each actor in the adver-
tising ecosystem. 
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(E) Any harm caused by predatory or ma-
nipulative advertising practices, including prac-
tices targeting vulnerable populations. 
(F) Whether, and at what age, a minor is 
able to distinguish between editorial content 
and paid advertisements. 
(G) Methods for fairly promoting equal op-
portunity in housing, employment, credit, insur-
ance, education, and healthcare through tar-
geted outreach to underrepresented populations 
in a fair and non-deceptive manner. 
(H) The needs of small businesses. 
(I) Any other criteria the Commission 
deems appropriate. 
(e) SAFETY AND EFFECTIVENESS OF ALGORITHMIC 
PROCESSES.— 
(1) IN GENERAL.—It shall be unlawful for an 
online platform to employ an algorithmic process in 
a manner that is not safe and effective. 
(2) SAFE.—For purposes of paragraph (1), an 
algorithmic process is safe— 
(A) if the algorithmic process does not 
produce any disparate outcome as described in 
the 
assessment 
conducted 
under 
section 
4(a)(2)(A)(iv); or 
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(B) if the algorithmic process does produce 
a disparate outcome as described in the assess-
ment conducted under section 4(a)(2)(A)(iv), 
any such disparate outcome is justified by a 
non-discriminatory, compelling interest, and 
such interest cannot be satisfied by less dis-
criminatory means. 
(3) EFFECTIVE.—For purposes of paragraph 
(1), an algorithmic process is effective if the online 
platform employing or otherwise utilizing the algo-
rithmic process has taken reasonable steps to ensure 
that the algorithmic process has the ability to 
produce its desired or intended result. 
(f) DISCRIMINATION BY USERS OF ONLINE PLAT-
FORMS.—It shall be unlawful for a user of an online plat-
form to utilize an algorithmic process on an online plat-
form in a manner that— 
(1) withholds, denies, deprives, or attempts to 
withhold, deny, or deprive any individual of a right 
or privilege under title II of the Civil Rights Act of 
1964 (42 U.S.C. 2000a et seq.); 
(2) intimidates, threatens, coerces, or attempts 
to intimidate, threaten, or coerce any individual with 
the purpose of interfering with a right or privilege 
under title II of such Act; or 
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(3) punishes or attempts to punish any indi-
vidual for exercising or attempting to exercise a 
right or privilege under title II of such Act. 
(g) EXCEPTIONS.—Nothing in this section shall limit 
an online platform from processing personal information 
for the purpose of— 
(1) good faith internal testing to prevent unlaw-
ful discrimination, identify disparate outcomes or 
treatment, or otherwise determine the extent or ef-
fectiveness of the online platform’s compliance with 
this Act; or 
(2) advertising, marketing, or soliciting eco-
nomic opportunities (which shall not be of lower 
quality or contain less desirable terms than similar 
opportunities the online platform advertises, mar-
kets, or solicits to the general population) to under-
represented populations in a fair and non-deceptive 
manner. 
(h) FTC ADVISORY OPINIONS.—An online platform 
may request guidance from the Commission with respect 
to the online platform’s potential compliance with this Act, 
in accordance with the Commission’s rules of practice on 
advisory opinions. 
(i) PRESERVATION
OF
RIGHTS
AND
WHISTLE-
BLOWER PROTECTIONS; RULES OF CONSTRUCTION.— 
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(1) NO
CONDITIONAL
SERVICE.—An online 
platform may not condition or degrade the provision 
of a service or product to an individual based on the 
individual’s waiver of any right guaranteed in this 
section. 
(2) NO
ARBITRATION
AGREEMENT
OR
WAIV-
ER.—No pre-dispute arbitration agreement or pre- 
dispute joint action waiver of any right guaranteed 
in this section shall be valid or enforceable with re-
spect to a dispute arising under this Act. Any deter-
mination as to the scope or manner of applicability 
of this section shall be made by a court, rather than 
an arbitrator, without regard to whether such agree-
ment purports to delegate such determination to an 
arbitrator. 
(3) WHISTLEBLOWER PROTECTION.—An online 
platform may not, directly or indirectly, discharge, 
demote, suspend, threaten, harass, or in any other 
manner discriminate against an individual for re-
porting or attempting to report a violation of this 
section. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to affect the application of 
section 230 of the Communications Act of 1934 
(commonly known as ‘‘section 230 of the Commu-
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