user follows, the video channels the user 
subscribes to, or other content or sources 
of content on the platform the user has se-
lected; 
(iv) shall not include the history of 
the user’s connected device, including the 
user’s history of web searches and brows-
ing, previous geographical locations, phys-
ical activity, device interaction, and finan-
cial transactions; and 
(v) shall not include inferences about 
the user or the user’s connected device, 
without regard to whether such inferences 
are based on data described in clause (i) or 
(iii). 
(6) ONLINE PLATFORM.— 
(A) IN GENERAL.—The term ‘‘online plat-
form’’ means any public-facing website, online 
service, online application, or mobile application 
that predominantly provides a community 
forum for user-generated content. 
(B) INCLUSIONS.—Such term includes 
sharing videos, images, games, audio files, or 
other content, including a social media service, 
social network, or virtual reality environment. 
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(C) EXCLUSIONS.—Such term does not in-
clude chats, comments, or other interactive 
functionalities of the community forum that is 
incidental to the predominant purpose of the 
website, online service, online application, or 
mobile application. 
(7) OPAQUE ALGORITHM.— 
(A) IN GENERAL.—The term ‘‘opaque al-
gorithm’’ means an algorithmic ranking system 
that determines the selection, order, relative 
prioritization, or relative prominence of infor-
mation that is furnished to such user on an on-
line platform based, in whole or part, on user- 
specific data that was not expressly provided by 
the user to the platform for such purpose. 
(B) EXCEPTION
FOR
AGE-APPROPRIATE 
CONTENT FILTERS.—Such term shall not in-
clude an algorithmic ranking system used by an 
online platform if— 
(i) the only user-specific data (includ-
ing inferences about the user) that the sys-
tem uses is information relating to the age 
of the user; and 
(ii) such information is only used to 
restrict a user’s access to content on the 
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basis that the individual is not old enough 
to access such content. 
(8) PRECISE
GEOLOCATION
INFORMATION.— 
The term ‘‘precise geolocation information’’ means 
geolocation information that identifies an individ-
ual’s location to within a range of 5 miles or less. 
(9) USER-SPECIFIC
DATA.—The term ‘‘user- 
specific data’’ means information relating to an indi-
vidual or a specific connected device that would not 
necessarily be true of every individual or device. 
SEC. 202. REQUIREMENT TO ALLOW USERS TO SEE 
UNMANIPULATED CONTENT ON INTERNET 
PLATFORMS. 
(a) IN GENERAL.—Beginning on the date that is 1 
year after the date of enactment of this Act, it shall be 
unlawful for any person to operate an online platform that 
uses an opaque algorithm unless the person complies with 
the requirements of subsection (b). 
(b) OPAQUE ALGORITHM REQUIREMENTS.— 
(1) IN
GENERAL.—The requirements of this 
subsection with respect to a person that operates an 
online platform that uses an opaque algorithm are 
the following: 
(A) The person provides notice to users of 
the platform— 
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(i) that the platform uses an opaque 
algorithm that uses user-specific data to 
select the content the user sees. Such no-
tice shall be presented in a clear and con-
spicuous manner on the platform whenever 
the user interacts with an opaque algo-
rithm for the first time, and may be a one- 
time notice that can be dismissed by the 
user; and 
(ii) in the terms and conditions of the 
online platform, in a clear, accessible, and 
easily comprehensible manner that is to be 
updated whenever the online platform 
makes a material change to— 
(I) the most salient features, in-
puts, and parameters used by the al-
gorithm; 
(II) how any user-specific data 
used by the algorithm is collected or 
inferred about a user of the platform, 
and the categories of such data; 
(III) any options that the online 
platform makes available for a user of 
the platform to opt out or exercise op-
tions under subparagraph (B), modify 
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the profile of the user or to influence 
the features, inputs, or parameters 
used by the algorithm; and 
(IV) any quantities, such as time 
spent using a product or specific 
measures of engagement or social 
interaction, that the algorithm is de-
signed to optimize, as well as a gen-
eral description of the relative impor-
tance of each quantity for such rank-
ing. 
(B) The online platform enables users to 
easily switch between the opaque algorithm and 
an input-transparent algorithm in their use of 
the platform. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to require an online 
platform to disclose any information, including data 
or algorithms— 
(A) relating to a trade secret or other pro-
tected intellectual property; 
(B) that is confidential business informa-
tion; or 
(C) that is privileged. 
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(3) PROHIBITION
ON
DIFFERENTIAL
PRIC-
ING.—An online platform shall not deny, charge dif-
ferent prices or rates for, or condition the provision 
of a service or product to a user based on the user’s 
election to use an input-transparent algorithm in 
their use of the platform, as provided under para-
graph (1)(B). 
(c) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section by an operator of 
an online platform shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal 
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN
GENERAL.—The Federal Trade 
Commission shall enforce this section in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of 
this section. 
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(B) PRIVILEGES
AND
IMMUNITIES.—Ex-
cept as provided in subparagraph (C), any per-
son who violates this Act shall be subject to the 
penalties and entitled to the privileges and im-
munities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this section shall be construed to limit the au-
thority of the Commission under any other pro-
vision of law. 
(d) RULE OF CONSTRUCTION TO PRESERVE PER-
SONALIZED BLOCKS.—Nothing in this section shall be 
construed to limit or prohibit an online platform’s ability 
to, at the direction of an individual user or group of users, 
restrict another user from searching for, finding, access-
ing, or interacting with such user’s or group’s account, 
content, data, or online community. 
SEC. 203. SEVERABILITY. 
If any provision of this title, or an amendment made 
by this title, is determined to be unenforceable or invalid, 
the remaining provisions of this title and the amendments 
made by this title shall not be affected. 
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TITLE III—RELATIONSHIP TO 
STATE LAWS 
SEC. 301. RELATIONSHIP TO STATE LAWS. 
The provisions of this Act shall preempt any State 
law, rule, or regulation only to the extent that such State 
law, rule, or regulation conflicts with a provision of this 
Act. Nothing in this Act shall be construed to prohibit a 
State from enacting a law, rule, or regulation that pro-
vides greater protection to minors than the protection pro-
vided by the provisions of this Act. 
Æ 
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