Title: Algorithmic Justice and Online Platform Transparency Act
Policy area: Science, Technology, Communications

Summary:
Algorithmic Justice and Online Platform Transparency Act
This bill establishes requirements for certain commercial online platforms (e.g., social media sites) that withhold or promote content through algorithms and related computational processes that use personal information.
The platforms must
If a platform uses algorithms to publish or sell advertising, it must maintain a library of the advertisements. The Federal Trade Commission must also adopt rules concerning deceptive advertising.
A platform's chief executive officer or other senior officer must certify compliance with disclosure requirements.
Additionally, platforms may not (1) employ algorithms or other design features that result in discrimination or similar harms based on demographic or biometric factors, or (2) process information such that it impairs voting rights. Further, users of a platform may not violate civil rights laws using the platform's algorithms.
The bill prohibits waivers or other methods that limit rights under the bill; provides whistleblower protections for individuals who report violations; and authorizes enforcement by specified federal agencies, states, and private individuals.
The bill also provides funding for an interagency task force to study the discriminatory use of personal information by platforms' algorithms.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1896 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1896

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

  Mr. Markey introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 Representatives 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:
            (1) Online platforms have become integral to individuals' 
        full participation in economic, democratic, and societal 
        processes.
            (2) Online platforms employ manipulative dark patterns, 
        collect large amounts of personal information from their users, 
        and leverage that personal information for opaque algorithmic 
        processes in ways that create vastly different experiences for 
        different types of users.
            (3) Algorithmic processes are often used by online 
        platforms without adequate testing and in the absence of 
        critical transparency requirements and other legally 
        enforceable safety and efficacy standards, which has resulted 
        in discrimination in housing, lending, job advertising, and 
        other areas of opportunity.
            (4) The use of discriminatory algorithmic processes causes 
        disproportionate harm to populations that already experience 
        marginalization.
            (5) Online platforms constantly engage in content 
        moderation decision making, resulting in highly influential 
        outcomes regarding what content is visible and accessible to 
        users.
            (6) Online platforms' content moderation practices have 
        disproportionately significant repercussions 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 access 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 platforms, and the importance 
        of this right is particularly significant given certain online 
        platforms' use of harmful algorithmic processes and engagement 
        in ineffective content moderation.
            (9) In a variety of sectors, algorithmic processes also 
        facilitate discriminatory outcomes on online platforms that 
        individuals may not personally interact with, but which 
        nonetheless process the personal information of such 
        individuals and have significant, 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Algorithmic process.--The term ``algorithmic process'' 
        means a computational process, including one derived from 
        machine learning or other artificial intelligence techniques, 
        that processes personal information or other data for the 
        purpose of determining the order or manner that a set of 
        information is provided, recommended to, or withheld from a 
        user of an online platform, including the provision of 
        commercial content, the display of social media posts, or any 
        other method of automated decision making, content selection, 
        or content amplification.
            (2) Biometric information.--The term ``biometric 
        information''--
                    (A) means information regarding the physiological 
                or biological characteristics of an individual that may 
                be used, singly or in combination 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, 
                        fingerprint, face, hand, palm, vein patterns, 
                        and 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 identifying 
                        information; and
                            (iv) any mathematical code, profile, or 
                        algorithmic model derived from information 
                        regarding the physiological or biological 
                        characteristics of an individual.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Content moderation.--The term ``content moderation'' 
        means--
                    (A) the intentional deletion, labeling, or editing 
                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 platform, an automated process, or some 
                combination thereof, pursuant to the online platform's 
                terms of service or stated community standards; and
                    (B) such other practices as the Commission may 
                identify under regulations promulgated under section 
                553 of title 5, United States Code.
            (5) De-identified.--The term ``de-identified'', with 
        respect to personal information, means information that has 
        been altered, anonymized, or aggregated so that it cannot 
        reasonably identify, relate to, describe, or be capable of 
        being associated with or linked to, directly or indirectly, a 
        particular individual or device.
            (6) Demographic information.--The term ``demographic 
        information'' means information regarding 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, educational attainment, income, source of income, 
        occupation, employment status, biometric information, criminal 
        record, credit rating, or any categorization used by the online 
        platform derived from such information.
            (7) Group.--The term ``group'' means a page or other 
        subdivision of an online platform that functions as a forum for 
        users to post or otherwise distribute content to, or 
        communicate with, other users of such page or other 
        subdivision.
            (8) Non-precise geolocation information.--The term ``non-
        precise geolocation information'' 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 provides 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 information'' 
                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 reasonably 
                linked to an individual or device if such information 
                can be used on its own or in combination with other 
                information held by, or readily accessible to, a person 
                to identify an individual 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 Disabilities 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 business'' means 
                a commercial entity that establishes, 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;
                            (iii) on average, derives 50 percent or 
                        less of its annual revenue from transferring 
                        the personal information of individuals; 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, including 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 
        platform by a user of the online platform.

SEC. 4. TRANSPARENCY.

    (a) Notice and Review of Algorithmic Process.--Beginning 1 year 
after the date of enactment of this Act, any online platform that 
employs, operates, or otherwise utilizes an algorithmic process to 
withhold, amplify, recommend, or promote content (including a group) to 
a 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 information 
                        the online platform collects or creates 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.
                    (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 platform is required to disclose 
                the information described in subparagraph (A).
            (2) Review of algorithmic process.--
                    (A) Record of algorithmic process.--Subject to 
                subparagraph (B), such online platform shall, for 5 
                years, retain a record that describes--
                            (i) the categories of personal information 
                        used by the type of algorithmic process;
                            (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--
                                    (I) a description of any personal 
                                information or other data used in such 
                                development;
                                    (II) an explanation of any personal 
                                information or other data used to train 
                                the type of algorithmic process on an 
                                ongoing basis; and
                                    (III) a description of how the type 
                                of algorithmic process was tested for 
                                accuracy, fairness, bias, and 
                                discrimination; 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 assessment of whether 
                        the type of algorithmic process produces 
                        disparate outcomes 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 orientation, familial status, 
                        biometric information, or disability status.
                    (B) Additional requirements.--
                            (i) Requirement to de-identify personal 
                        information.--The record described in 
                        subparagraph (A) shall not include any personal 
                        information other than de-identified personal 
                        information.
                            (ii) Extension of record retention.--An 
                        online platform shall retain the record 
                        described in subparagraph (A) for up to an 
                        additional 3 years if the Commission determines 
                        that the online platform poses a reasonable 
                        risk of engaging in repeated violations of this 
                        Act or of unlawful discrimination as a result 
                        of its use of an algorithmic process.
                    (C) Review of record.--Upon the request of the 
                Commission, an online platform shall make available to 
                the Commission the complete record described in 
                subparagraph (A).
    (b) Notice of Content Moderation Practices.--
            (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 platform in 
                conspicuous, accessible, and plain language that is not 
                misleading a complete description of the online 
                platform's content moderation 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 reports.--
                    (A) In general.--Beginning 180 days after the date 
                of enactment of this Act, any online 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:
                                    (I) The total number of content 
                                moderation decisions for the applicable 
                                period.
                                    (II) The number of content 
                                moderation decisions for the applicable 
                                period broken down by:
                                            (aa) Relevant policy, type, 
                                        or category of content 
                                        moderation undertaken by the 
                                        online platform.
                                            (bb) Whether the content 
                                        moderation decision occurred in 
                                        response to information 
                                        regarding organized campaigns 
                                        or other coordinated behavior.
                                            (cc) Aggregate demographic 
                                        information of users who 
                                        created the user generated 
                                        content subjected to content 
                                        moderation.
                                            (dd) Aggregate demographic 
                                        information of users targeted 
                                        by an algorithmic process 
                                        involving content subjected to 
                                        content moderation.
                                            (ee) Whether the content 
                                        moderation occurred through 
                                        automated practices, human 
                                        labor by the online platform, 
                                        labor by any individual that 
                                        does not work as a paid 
                                        employee of the online 
                                        platform, or any combination 
                                        thereof.
                                            (ff) In the case of content 
                                        moderation that occurred 
                                        through human labor by any 
                                        individual that does not work 
                                        for the online platform, the 
                                        nature of such individual's 
                                        relationship to the online 
                                        platform (such as a user, 
                                        moderator, State actor, or 
                                        representative of an external 
                                        partner organization).
                                            (gg) The number and 
                                        percentage of content 
                                        moderation decisions subject to 
                                        appeal or other form of 
                                        secondary review.
                                            (hh) The number and 
                                        percentage of content 
                                        moderation decisions reversed 
                                        on appeal or other form of 
                                        secondary review.
                                            (ii) The number of content 
                                        moderation decisions occurring 
                                        in response to a government 
                                        demand or request.
                                            (jj) The number of 
                                        government demands or requests 
                                        for content moderation broken 
                                        down by Federal agency, State, 
                                        municipality, or foreign 
                                        nation.
                                            (kk) The types of content 
                                        moderation decisions made.
                                            (ll) Other information that 
                                        the Commission, by regulation, 
                                        deems appropriate.
                                    (III) The ability to cross-
                                reference each of the different types 
                                of information disclosed pursuant to 
                                subclause (II).
                            (ii) Accessibility of report.--The 
                        transparency report required under subparagraph 
                        (A) shall be--
                                    (I) publicly available to any 
                                individual 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 
                                transparency report required under 
                                subparagraph (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 platform (except for a small 
business) that uses personal information in combination with an 
algorithmic process to 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, location, 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 following the sale or 
        publishing of each advertisement; and
            (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 demographic information and 
                non-precise geolocation information (except in the 
                event that including specific data would disclose 
                personal information); 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 regulation, 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--
            (1) be signed, under oath, by the online platform's chief 
        executive officer, chief privacy officer, chief operating 
        officer, chief information security officer, or another senior 
        officer of equivalent stature;
            (2) attest that the officer described in paragraph (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 include 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 Commission shall 
require an online platform, if the online platform 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 information 
        from one online platform to another without hindrance.

SEC. 6. PROHIBITED CONDUCT.

    (a) Public Accommodations.--It shall be unlawful for an online 
platform to employ any proprietary online platform design features, 
including an algorithmic process, or otherwise process the personal 
information of an individual 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, ethnicity, religion, national origin, 
sex, gender, gender identity, sexual orientation, familial status, 
biometric information, or disability status.
    (b) Equal Opportunity.--It shall be unlawful for an online platform 
to employ any proprietary online platform design features, including an 
algorithmic process, or otherwise process the personal information of 
an individual 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, ethnicity, religion, national origin, sex, gender, gender 
identity, sexual orientation, familial status, biometric information, 
or disability status.
    (c) Voting Rights.--It shall be unlawful for an online platform to 
process personal information in a manner that intentionally deprives, 
defrauds, or attempts to deprive or defraud any individual of their 
free and fair exercise of the right to vote in a Federal, State, or 
local election. 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 pertaining to 
                the procedures or requirements for voting or 
                registering to vote in a Federal, State, or local 
                election; or
            (2) Intentionally using deception, threats, intimidation, 
        fraud, or coercion to prevent, interfere with, retaliate 
        against, deter, or attempt to prevent, interfere with, 
        retaliate against, or deter an individual from--
                    (A) voting or registering to vote in a Federal, 
                State, or local election; or
                    (B) supporting or advocating for a candidate 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 regulations under this 
        subsection, the Commission shall consider:
                    (A) Established public policy, such as civil rights 
                laws, to prevent discrimination and promote 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 advertising 
                ecosystem.
                    (E) Any harm caused by predatory or manipulative 
                advertising practices, including practices 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 opportunity 
                in housing, employment, credit, insurance, education, 
                and healthcare through targeted 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
                    (B) if the algorithmic process does produce a 
                disparate outcome as described in the assessment 
                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 discriminatory means.
            (3) Effective.--For purposes of paragraph (1), an 
        algorithmic process is effective if the online platform 
        employing or otherwise utilizing the algorithmic 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 Platforms.--It shall be 
unlawful for a user of an online platform to utilize an algorithmic 
process on an online platform 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
            (3) punishes or attempts to punish any individual 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 unlawful 
        discrimination, identify disparate outcomes or treatment, or 
        otherwise determine the extent or effectiveness of the online 
        platform's compliance with this Act; or
            (2) advertising, marketing, or soliciting economic 
        opportunities (which shall not be of lower quality or contain 
        less desirable terms than similar opportunities the online 
        platform advertises, markets, or solicits to the general 
        population) to underrepresented 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 Whistleblower Protections; Rules of 
Construction.--
            (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 waiver.--No pre-dispute 
        arbitration agreement or pre-dispute joint action waiver of any 
        right guaranteed in this section shall be valid or enforceable 
        with respect to a dispute arising under this Act. Any 
        determination 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 agreement 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 reporting 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 Communications Decency Act of 1996'') (47 U.S.C. 230) to an 
        online platform or otherwise impose on an online platform legal 
        liability for user generated content.

SEC. 7. INTERAGENCY TASK FORCE ON ALGORITHMIC PROCESSES ON ONLINE 
              PLATFORMS.

    (a) Establishment.--The Commission shall establish an interagency 
task force on algorithmic processes on online platforms (referred to in 
this section as the ``Task Force'') for the purpose of examining the 
discriminatory use of personal information by online platforms in 
algorithmic processes.
    (b) Membership.--
            (1) In general.--The Task Force established under this 
        section shall include representatives from--
                    (A) the Commission;
                    (B) the Department of Education;
                    (C) the Department of Justice;
                    (D) the Department of Labor;
                    (E) the Department of Housing and Urban 
                Development;
                    (F) the Department of Commerce;
                    (G) the Department of Health and Human Services;
                    (H) the Department of Veterans Affairs;
                    (I) the Equal Employment Opportunity Commission;
                    (J) the Consumer Financial Protection Bureau;
                    (K) the Federal Communications Commission;
                    (L) the Federal Elections Commission; and
                    (M) the White House Office of Science and 
                Technology Policy.
            (2) Chair.--The Task Force shall be co-chaired by 1 
        representative of the Commission and 1 representative of the 
        Department of Justice.
            (3) Staff.--The Task Force shall hire such other personnel, 
        including individuals with expertise in the intersection of 
        civil rights and technology, as may be appropriate to enable 
        the Task Force to perform its duties.
    (c) Study and Report.--
            (1) Study.--The Task Force shall conduct a study on the 
        discriminatory use of personal information by online platforms 
        in algorithmic processes. Such study shall include the 
        following:
                    (A) Discriminatory use of personal information in 
                the advertisement of (including the withholding of an 
                advertisement) housing opportunities.
                    (B) Discriminatory use of personal information in 
                the advertisement of (including the withholding of an 
                advertisement) credit, lending, or other financial 
                services opportunities.
                    (C) Discriminatory use of personal information in 
                the advertisement of (including the withholding of an 
                advertisement) employment opportunities.
                    (D) Discriminatory use of personal information in 
                the advertisement of (including the withholding of an 
                advertisement) education opportunities.
                    (E) Discriminatory use of personal information in 
                the advertisement of (including the withholding of an 
                advertisement) insurance opportunities.
                    (F) Discriminatory use of personal information or 
                biometric information by employers in the surveillance 
                or monitoring of workers.
                    (G) Discriminatory use of personal information on 
                online platforms involved in hiring screening 
                practices.
                    (H) Discriminatory use of personal information or 
                biometric information in education, including the use 
                of--
                            (i) student personal information for 
                        predictive forecasting on student ability or 
                        potential for purposes of admissions decisions; 
                        and
                            (ii) automated proctoring software that 
                        monitors, analyzes, or otherwise processes 
                        student biometric information to identify 
                        suspicious behavior, including any 
                        discriminatory outcomes associated with the use 
                        of such software.
                    (I) Discriminatory use of user biometric 
                information.
                    (J) Use of personal information by disinformation 
                campaigns for the purpose of political 
                disenfranchisement.
                    (K) Any other discriminatory use of personal 
                information.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, and biennially thereafter, the Task 
        Force shall submit to Congress a report containing the results 
        of the study conducted under paragraph (1), together with 
        recommendations for such legislation and administrative action 
        as the Task Force determines appropriate.
    (d) Funding.--Out of any money in the Treasury not otherwise 
appropriated, there are appropriated to the Commission such sums as are 
necessary to carry out this section. Amounts appropriated under the 
preceding sentence shall remain available until expended.

SEC. 8. ENFORCEMENT.

    (a) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practice.--A violation of 
        this Act or a regulation promulgated under this Act shall be 
        treated as a violation of a rule defining an unfair or 
        deceptive act or practice under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The Commission shall enforce 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 section.
                    (B) Privileges and immunities.--Any person who 
                violates this Act or a regulation promulgated under 
                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.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
            (3) Rulemaking.--The Commission shall promulgate in 
        accordance with section 553 of title 5, United States Code, 
        such rules as may be necessary to carry out this Act.
    (b) Enforcement by States.--
            (1) Authorization.--Subject to paragraph (2), in any case 
        in which the attorney general of a State has reason to believe 
        that an interest of the residents of the State has been or is 
        adversely affected by the engagement of any person in an act or 
        practice that violates this Act or a regulation promulgated 
        under this Act, the attorney general of the State may, as 
        parens patriae, bring a civil action on behalf of the residents 
        of the State in an appropriate district court of the United 
        States to--
                    (A) enjoin that act or practice;
                    (B) enforce compliance with this Act or the 
                regulation;
                    (C) obtain damages, civil penalties, restitution, 
                or other compensation on behalf of the residents of the 
                State; or
                    (D) obtain such other relief as the court may 
                consider to be appropriate.
            (2) Rights of the commission.--
                    (A) Notice to the commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), the attorney general of a State 
                        shall notify the Commission in writing that the 
                        attorney general intends to bring a civil 
                        action under paragraph (1) before initiating 
                        the civil action against a person subject to 
                        this Act.
                            (ii) Contents.--The notification required 
                        by clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required by clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by the commission.--The Commission 
                may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to conduct investigations, to administer 
        oaths or affirmations, or to compel the attendance of witnesses 
        or the production of documentary or other evidence.
            (4) Action by the commission.--If the Commission institutes 
        a civil action with respect to a violation of this Act, the 
        attorney general of a State may not, during the pendency of the 
        action, bring a civil action under paragraph (1) against any 
        defendant named in the complaint of the Commission for the 
        violation with respect to which the Commission instituted such 
        action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in the district court of the United 
                States that meets applicable requirements relating to 
                venue under section 1391 of title 28, United States 
                Code.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
    (c) Enforcement by the Department of Justice.--
            (1) In general.--The Attorney General may bring a civil 
        action to enforce section 6(a), (b), (c), (e), (f), or (i) in 
        an appropriate district court of the United States.
            (2) Coordination with the commission.--The Attorney General 
        shall, when reasonable and appropriate, consult and coordinate 
        with the Commission on a civil action brought under paragraph 
        (1).
            (3) Relief.--In any civil action brought under paragraph 
        (1), the court may impose injunctive relief, declaratory 
        relief, damages, civil penalties, restitution, and any other 
        relief the court deems appropriate.
    (d) Enforcement by Individuals.--
            (1) In general.--Any individual alleging a violation of 
        section 6(a), (b), or (c), or a regulation promulgated 
        thereunder, may bring a civil action in any court of competent 
        jurisdiction, State or Federal.
            (2) Relief.--In a civil action brought under paragraph (1) 
        in which the plaintiff prevails, the court may award--
                    (A) an amount equal to $2,500 or actual damages, 
                whichever is greater;
                    (B) punitive damages;
                    (C) reasonable attorney's fees and litigation 
                costs; and
                    (D) any other relief, including injunctive or 
                declaratory relief, that the court determines 
                appropriate.
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