Definitions

In this title: (1) Algorithmic ranking system The term algorithmic ranking system means a computational process, including one derived from algorithmic decision-making, machine learning, statistical analysis, or other data processing or artificial intelligence techniques, used to determine the selection, order, relative prioritization, or relative prominence of content from a set of information that is provided to a user on an online 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) Approximate geolocation information The term approximate geolocation information means information that identifies the location of an individual, but with a precision of less than 5 miles. (3) Commission The term Commission means the Federal Trade Commission. (4) Connected device The term connected device means an electronic device that— (A) is capable of connecting to the internet, either directly or indirectly through a network, to communicate information at the direction of an individual; (B) has computer processing capabilities for collecting, sending, receiving, or analyzing data; and (C) is primarily designed for or marketed to consumers. (5) Input-transparent algorithm (A) In general The term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform, unless the user-specific data is expressly provided to the platform by the user for such purpose. (B) Data expressly provided to the platform For purposes of subparagraph (A), user-specific data that is provided by a user for the express purpose of determining the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform— (i) includes user-supplied search terms, filters, speech patterns (if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform), saved preferences, the resumption of a previous search, and the current precise geolocation information that is supplied by the user; (ii) includes the user’s current approximate geolocation information; (iii) includes data submitted to the platform by the user that expresses the user’s desire to receive particular information, such as the social media profiles the user follows, the video channels the user subscribes to, or other content or sources of content on the platform the user has selected; (iv) does not include the history of the connected device of the user, including the history of web searches and browsing, previous geographical locations, physical activity, device interaction, and financial transactions of the user; and (v) does not include inferences about the user or the connected device of the user, without regard to whether such inferences are based on data described in clause (i) or (iii). (6) Online platform (A) In general Subject to subparagraph (B), the term online platform means any public-facing website, online service, online application, or mobile application that predominantly provides a community forum for user-generated content, such as sharing videos, images, games, audio files, or other content, including a social media service, social network, or virtual reality environment. (B) Scope (i) Incidental chat functions A website, online service, online application, or mobile application is not an online platform solely on the basis that it includes a chat, comment, or other interactive function that is incidental to its predominant purpose. (ii) Review sites A website, online service, online application, or mobile application that has the predominant purpose of providing travel reviews is not an online platform. (7) Opaque algorithm The term opaque algorithm — (A) means an algorithmic ranking system that determines the selection, order, relative prioritization, or relative prominence of information that is furnished to such user on an online platform based, in whole or part, on user-specific data that was not expressly provided by the user to the platform for such purpose; and (B) does not include an algorithmic ranking system used by an online platform if— (i) the only user-specific data (including inferences about the user) that the system uses is information relating to the age of the user; and (ii) such information is only used to restrict the access of a user to content on the 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 the location of an individual to within a range of 5 miles or less. (9) User-specific data The term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device.