Establishing a safe harbor for research on platforms

(a) Definitions In this section: (1) Covered information The term covered information means— (A) publicly available information, including publicly available information recommended, targeted, or otherwise amplified or de-amplified to an individual or research account; and (B) information about advertisements shown on the platform. (2) Covered method of digital investigation The term covered method of digital investigation means— (A) the collection of information from a platform’s user-facing interface, including by navigating the interface or the use of a browser extension or plug-in to collect information from the interface, through automated means; and (B) the creation or use of research accounts, including accounts designed to observe information that is recommended, targeted, amplified, or de-amplified to minors. (3) Journalism The term journalism includes the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or investigating news or information that concerns local, national, or international events or other matters of public concern for dissemination to the public. (4) Publicly available information (A) In general The term publicly available information means any information that a person has a reasonable basis to believe has been lawfully made available to the general public. (B) Limitations The term publicly available information does not include any of the following: (i) Any obscene visual depiction (as such term is used in section 1460 of title 18, United States Code). (ii) Biometric information. (iii) Genetic information. (iv) Intimate images, authentic or generated by a computer or by artificial intelligence, known to be nonconsensual. (5) Reasonable measures to protect individual privacy The term reasonable measures to protect individual privacy includes reasonable measures to— (A) avoid the collection and retention of publicly available information that would readily identify an individual, alone or in combination with other information, that is extraneous to the research or journalism project; (B) prevent the theft and accidental disclosure of any information collected; (C) ensure that the relevant information is not used for any purpose other than the purpose of informing the general public about matters of public concern; and (D) restrict the publication or other disclosure of any information that would readily identify an individual, alone or in combination with other information, except if such individual is— (i) an advertiser and the information concerns an advertisement; (ii) a public official, candidate for public office, or public figure; or (iii) an adult and the individual has provided consent that is freely given, specific, informed, and express to the publication or disclosure. (6) Research account The term research account means an account on a platform that is created and used solely— (A) for the purpose of a journalism or research project on the platform; and (B) for no longer than is necessary to complete such project. (b) Safe harbor (1) In general No cause of action may be brought or maintained by a platform, or by the owner or operator of a platform, in any proceeding against any person for collecting covered information, as part of a journalism or research project on the platform, notwithstanding that such collection may violate the terms of service of the platform, if— (A) the information is collected through a covered method of digital investigation; (B) the purpose of the project is to inform the general public about matters of public concern; and (C) with respect to any such information collected— (i) the information is not used, retained, disclosed, or transferred for any purpose other than the purpose described in subparagraph (B); and (ii) the person who collects the information takes reasonable measures to protect individual privacy. (2) Clarification A person shall not be considered to be accessing without authorization or exceeding the authorized access of a platform solely based on the collection of covered information on the platform through a covered method of digital investigation that complies with the conditions of this section. (3) Rule of construction Paragraph (1) shall not be construed to protect the collection of covered information to train a large language model. (c) Rulemaking (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall issue regulations to further clarify the terms defined in subsection (a) and ensure that— (A) with respect to the use of research accounts, reasonable measures have been taken to avoid misleading individuals on a platform; and (B) reasonable measures have been taken to avoid materially burdening the technical operation of the platform. (2) Exception A regulation issued under this subsection may not further define the term journalism as defined under paragraph (3) of subsection (a) or the phrase matters of public concern as used in this section. (d) Rule of construction This section shall not be construed to create or expand liability under any law for any person. (e) Prohibition against compelled disclosure to government entities A person who otherwise establishes entitlement to the safe harbor described in subsection (b) may not be required (by a subpoena, court order, or otherwise) to divulge to a department or agency of the United States or any State or political subdivision thereof in furtherance of an investigation or legal process about an individual any information related to such individual obtained from a platform under this section.