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 users of the platform with the following notices: (i) Notice that the platform uses an opaque algorithm that uses user-specific data to select the content the user sees. Such notice shall be presented in a clear and conspicuous 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. (ii) Notice, to be included 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, of— (I) the most salient features, inputs, and parameters used by the algorithm; (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 options under subparagraph (B), modify 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 designed to optimize, as well as a general description of the relative importance of each quantity for such ranking. (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 protected intellectual property; (B) that is confidential business information; or (C) that is privileged. (3) Prohibition on differential pricing An online platform shall not deny, charge different 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 paragraph (1)(B). (4) Special rule Notwithstanding paragraphs (1) and (2), an online platform shall provide the notice and opt-out described in paragraphs (1) and (2) to the educational agency or institution (as defined in section 444(a)(3) of the General Education Provisions Act (20 U.S.C. 1232g(a)(3)), rather than to the user, when the online platform is acting on behalf of an educational agency or institution (as so defined), subject to a written contract that complies with the requirements of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 1232g(a)(3)) and section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974). (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices 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 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 section 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 section shall be construed to limit the authority of the Commission under any other provision of law. (d) Rule of construction To preserve personalized 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, accessing, or interacting with such user’s or group’s account, content, data, or online community.