I 
117TH CONGRESS 
1ST SESSION H. R. 5921 
To require that internet platforms give users the option to engage with 
a platform without being manipulated by algorithms driven by user- 
specific data. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2021 
Mr. BUCK (for himself, Mr. CICILLINE, Mr. OWENS, and Mrs. TRAHAN) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To require that internet platforms give users the option 
to engage with a platform without being manipulated 
by algorithms driven by user-specific data. 
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 ‘‘Filter Bubble Trans-
parency Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
ALGORITHMIC
RANKING
SYSTEM.—The 
term ‘‘algorithmic ranking system’’ means a com-
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putational process, including one derived from algo-
rithmic decision making, machine learning, statis-
tical analysis, or other data processing or artificial 
intelligence techniques, used to determine the order 
or manner that a set of information is provided to 
a user on a covered internet platform, including the 
ranking of search results, the provision of content 
recommendations, the display of social media posts, 
or any other method of automated content selection. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a physical object that— 
(A) is capable of connecting to the inter-
net, either directly or indirectly through a net-
work, to communicate information at the direc-
tion of an individual; and 
(B) has computer processing capabilities 
for collecting, sending, receiving, or analyzing 
data. 
(4) COVERED INTERNET PLATFORM.— 
(A) IN
GENERAL.—The term ‘‘covered 
internet platform’’ means any public-facing 
website, internet application, or mobile applica-
tion, including a social network site, video shar-
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ing service, search engine, or content aggrega-
tion service. 
(B) EXCLUSIONS.—Such term shall not in-
clude a platform that— 
(i) is wholly owned, controlled, and 
operated by a person that— 
(I) for the most recent 6-month 
period, did not employ more than 500 
employees; 
(II) for the most recent 3-year 
period, 
averaged 
less 
than 
$50,000,000 in annual gross receipts; 
and 
(III) collects or processes on an 
annual basis the personal data of less 
than 1,000,000 individuals; or 
(ii) is operated for the sole purpose of 
conducting research that is not made for 
profit either directly or indirectly. 
(5) INPUT-TRANSPARENT ALGORITHM.— 
(A) IN GENERAL.—The term ‘‘input-trans-
parent algorithm’’ means an algorithmic rank-
ing system that does not use the user-specific 
data of a user to determine the order or man-
ner that information is furnished to such user 
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on a covered internet platform, unless the user- 
specific data is expressly provided to the plat-
form by the user for such purpose. 
(B) INCLUSION OF AGE-APPROPRIATE CON-
TENT FILTERS.—Such term shall include an al-
gorithmic ranking system that uses user-specific 
data to determine whether a user is old enough 
to access age-restricted content on a covered 
internet platform, provided that the system oth-
erwise meets the requirements of subparagraph 
(A). 
(C) DATA PROVIDED FOR EXPRESS PUR-
POSE OF INTERACTION WITH PLATFORM.—For 
purposes of subparagraph (A), user-specific 
data that is provided by a user for the express 
purpose of determining the order or manner 
that information is furnished to a user on a 
covered internet platform— 
(i) shall include user-supplied search 
terms, filters, speech patterns (if provided 
for the purpose of enabling the platform to 
accept spoken input or selecting the lan-
guage in which the user interacts with the 
platform), saved preferences, and the 
user’s current geographical location; 
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(ii) shall include data supplied to the 
platform by the user that expresses the 
user’s desire that information be furnished 
to them, such as the social media profiles 
the user follows, the video channels the 
user subscribes to, or other sources of con-
tent on the platform the user follows; 
(iii) shall not include the history of 
the user’s connected device, including the 
user’s history of web searches and brows-
ing, geographical locations, physical activ-
ity, device interaction, and financial trans-
actions; and 
(iv) 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). 
(6) OPAQUE ALGORITHM.— 
(A) IN GENERAL.—The term ‘‘opaque al-
gorithm’’ means an algorithmic ranking system 
that determines the order or manner that infor-
mation is furnished to a user on a covered 
internet platform based, in whole or part, on 
user-specific data that was not expressly pro-
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vided by the user to the platform for such pur-
pose. 
(B) EXCEPTION
FOR
AGE-APPROPRIATE 
CONTENT FILTERS.—Such term shall not in-
clude an algorithmic ranking system used by a 
covered internet 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 
basis that the individual is not old enough 
to access such content. 
(7) SEARCH
SYNDICATION
CONTRACT; 
UP-
STREAM PROVIDER; DOWNSTREAM PROVIDER.— 
(A) SEARCH
SYNDICATION
CONTRACT.— 
The term ‘‘search syndication contract’’ means 
a contract or subcontract for the sale, license, 
or other right to access an index of web pages 
on the internet for the purpose of operating an 
internet search engine. 
(B) UPSTREAM
PROVIDER.—The term 
‘‘upstream provider’’ means, with respect to a 
search syndication contract, the person that 
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grants access to an index of web pages on the 
internet to a downstream provider under the 
contract. 
(C) DOWNSTREAM PROVIDER.—The term 
‘‘downstream provider’’ means, with respect to 
a search syndication contract, the person that 
receives access to an index of web pages on the 
internet from an upstream provider under such 
contract. 
(8) 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. 
3. 
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— 
(1) for any person to operate a covered internet 
platform that uses an opaque algorithm unless the 
person complies with the requirements of subsection 
(b); or 
(2) for any upstream provider to grant access 
to an index of web pages on the internet under a 
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search syndication contract that does not comply 
with the requirements of subsection (c). 
(b) OPAQUE ALGORITHM REQUIREMENTS.— 
(1) IN
GENERAL.—The requirements of this 
subsection with respect to a person that operates a 
covered internet platform that uses an opaque algo-
rithm are the following: 
(A) The person provides notice to users of 
the platform that the platform uses an opaque 
algorithm that makes inferences based on user- 
specific data to select the content the user sees. 
Such notice shall be presented in a clear, con-
spicuous manner on the platform whenever the 
user interacts with an opaque algorithm for the 
first time, and may be a one-time notice that 
can be dismissed by the user. 
(B) The person makes available a version 
of the platform that uses an input-transparent 
algorithm and enables users to easily switch be-
tween the version of the platform that uses an 
opaque algorithm and the version of the plat-
form that uses the input-transparent algorithm 
by selecting a prominently placed icon, which 
shall be displayed wherever the user interacts 
with an opaque algorithm. 
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(2) NONAPPLICATION
TO
CERTAIN
DOWN-
STREAM PROVIDERS.—Paragraph (1) shall not apply 
with respect to an internet search engine if— 
(A) the search engine is operated by a 
downstream provider with fewer than 1,000 em-
ployees; and 
(B) the search engine uses an index of web 
pages on the internet to which such provider re-
ceived access under a search syndication con-
tract. 
(c) SEARCH
SYNDICATION
CONTRACT
REQUIRE-
MENT.—The requirements of this subsection with respect 
to a search syndication contract are that— 
(1) as part of the contract, the upstream pro-
vider makes available to the downstream provider 
the same input-transparent algorithm used by the 
upstream provider for purposes of complying with 
subsection (b)(1)(B); and 
(2) the upstream provider does not impose any 
additional costs, degraded quality, reduced speed, or 
other constraint on the functioning of such algo-
rithm when used by the downstream provider to op-
erate an internet search engine relative to the per-
formance of such algorithm when used by the up-
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stream provider to operate an internet search en-
gine. 
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act by an operator of a covered internet 
platform shall be treated as a violation of a rule defining 
an unfair or deceptive act or practice prescribed under sec-
tion 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF COMMISSION.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Federal Trade Commission shall en-
force this Act 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 Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made a part of 
this Act. 
(2) PRIVILEGES AND IMMUNITIES.—Except as 
provided in paragraph (3), any person who violates 
this Act shall be subject to the penalties and entitled 
to the privileges and immunities provided in the 
Federal Trade Commission Act (15 U.S.C. 41 et 
seq.). 
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(3) COMMON CARRIERS AND NONPROFIT ORGA-
NIZATIONS.—Notwithstanding section 4, 5(a)(2), or 
6 of the Federal Trade Commission Act (15 U.S.C. 
44, 45(a)(2), 46) or any jurisdictional limitation of 
the Commission, the Commission shall also enforce 
this Act, in the same manner provided in paragraphs 
(1) and (2) of this paragraph, with respect to— 
(A) common carriers subject to the Com-
munications Act of 1934 (47 U.S.C. 151 et 
seq.) and Acts amendatory thereof and supple-
mentary thereto; and 
(B) organizations not organized to carry 
on business for their own profit or that of their 
members. 
(4) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
Æ 
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