Justice Against Malicious Algorithms Act of 2021
Bill: H.R.5596 | Sponsor: Rep. Pallone, Frank, Jr. (D-NJ)
Policy area: Science, Technology, Communications

Summary:
Justice Against Malicious Algorithms Act of 2021
This bill limits federal liability protection that applies to a provider of an interactive computer service (e.g., a social media company) for claims related to content provided by a third party if the provider makes personalized recommendations of online content that cause physical or emotional injury.
Specifically, the liability protection (sometimes referred to as Section 230 protection) shall not apply to a service provider that
However, the liability protection shall continue to apply to (1) recommendations made directly in response to a user's search; and (2) service providers of web hosting, domain registration, data storage, and related services that are used by another service provider in the management, control, or operation of that provider's services.

To amend section 230 of the Communications Act of 1934 to limit the 
  liability protection provided by such section when a provider of an 
 interactive computer service knew or should have known such provider 
was making a personalized recommendation of third-party information or 
recklessly made a personalized recommendation of such information, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice Against Malicious Algorithms 
Act of 2021''.

SEC. 2. PERSONALIZED RECOMMENDATION OF THIRD-PARTY INFORMATION.

    (a) In General.--Section 230 of the Communications Act of 1934 (47 
U.S.C. 230) is amended--
            (1) by redesignating subsection (f) as subsection (g);
            (2) by inserting after subsection (e) the following:
    ``(f) Personalized Recommendation of Information Provided by 
Another Information Content Provider.--
            ``(1) In general.--Subsection (c)(1) does not apply to a 
        provider of an interactive computer service 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 
                        personalized recommendation of such 
                        information; or
                            ``(ii) recklessly made a personalized 
                        recommendation of such information; and
                    ``(B) such recommendation materially contributed 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 interactive 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.--Paragraph (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.--Paragraph (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 
                management, control, or operation of such other 
                interactive computer service, including for--
                            ``(i) web hosting;
                            ``(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 respect 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 relies on information 
        specific to an individual.
            ``(7) Algorithm.--The term `algorithm' means any 
        computational process, model, or other automated 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)) 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 enactment of this Act.
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