Documenting online antisemitism

(a) Online platform transparency reports (1) In general Not later than 1 year after the date of enactment of this Act, and every 180 days thereafter, an online platform shall submit to the Commission and publish in a publicly available and easily accessible manner a transparency report regarding the online platform's content moderation practices and efforts to detect, remove, limit the visibility of, and prevent the amplification of antisemitic content on the website or application of the online platform. (2) Requirements Each transparency report submitted and published in accordance with paragraph (1) shall include the following information: (A) A description of each safety mechanism in place on the website or application of the online platform, including— (i) the use of any automated system or human review; and (ii) with respect to a human reviewer, a summary of the scope and training related to reviewing and making content removal decisions. (B) A description of the practices or tools used to make content moderation efforts against extremist antisemitism more effective. (C) What, if any, information is shared with law enforcement when there is evidence of extremist antisemitic calls or threats to violence on the website or application of the online platform. (D) What, if any, changes to content moderation policies or management are made in the wake of antisemitic violence and extremist attacks and how long such changes remain in place. (E) The total number of instances during the reporting period that content on the website or application of the online platform was determined to be violative by the online platform because such content was identity-based hatred or harassment, including the amount of such content that was violative as antisemitic (in this subsection referred to as antisemitic platform content). (F) The amount of antisemitic platform content for which the online platform took a responsive action, including the amount with respect to each category of responsive action (such as removal, demonetization, or deprioritizing or limiting the viewing capacity of such content). (G) Out of the total amount of antisemitic platform content that was removed, the percentage of such content that had more than 100 views. (H) The percentage breakdown and prevalence of which specific digital policies or community guidelines were violated with respect to the antisemitic platform content that was subject to a responsive action. (I) The percentage and total amount of antisemitic platform content that was promoted, suggested, amplified, or shared by an online platform’s recommendation algorithm. (J) An estimate of the amount of content that violates the content policies of the online platform, but remains on the website or application of the online platform. (K) A description of how any changes in enforcement policies, processes, or technologies implemented during the reporting period have impacted the amount of antisemitic platform content that remains on the website or application of the online platform. (L) The total number of accounts suspended or removed for violating the online platform's policies related to antisemitism, including the number of such accounts that were— (i) inauthentic or bot accounts; (ii) identified to be associated with foreign terrorist organizations; (iii) identified to be associated with unverifiable or inconsistent geolocation patterns; or (iv) an account that meets 2 of the criteria described in clauses (i), (ii), or (iii). (M) The amount of antisemitic platform content and corresponding engagement metrics, including views, likes, shares, and comments generated by an account described in subparagraph (L) prior to the suspension or removal of such account. (3) Enforcement by the Commission (A) Unfair or deceptive acts or practices A violation of this section or a regulation promulgated under this section 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)). (B) Powers of the Commission (i) In general The Commission shall enforce this section and any regulation promulgated under 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. (ii) Privileges and immunities Any person who violates this section or any regulation promulgated under 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.). (iii) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (iv) 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 section. (4) Definitions In this subsection: (A) Commission The term Commission means the Federal Trade Commission. (B) Online platform The term online platform means any entity subject to the jurisdiction of the Federal Trade Commission under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) that— (i) operates a website, desktop application, augmented or virtual reality application, or mobile application that— (I) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing the user to create, share, listen to, or view user-generated content through such an account or profile; (II) enables 1 or more users to generate content that can be listened to or viewed by other users of the online platform; and (III) primarily serves as a medium for users to interact with content generated by other users of the online platform and for the online platform to deliver ads to users; and (ii) has at least 50,000,000 unique monthly users in the United States for a majority of the months in the most recent 12-month period. (b) Reports relating to antisemitic content (1) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Commerce, in consultation with the Attorney General and the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report that includes— (A) trend data regarding online antisemitic content that has been linked to offline antisemitic violence; and (B) recommendations relating to Federal policies and transparency requirements that may be adopted and actions that may be taken by online platforms to prevent antisemitism online from turning into real-world violence. (2) Appropriate congressional committees defined For purposes of this subsection, the term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Energy and Commerce of the House of Representatives; (F) the Committee on the Judiciary of the House of Representatives; (G) the Committee on Homeland Security of the House of Representatives; and (H) the Permanent Select Committee on Intelligence of the House of Representatives. (c) Severability If any provision or phrase of this section, or the application of any provision or phrase of this section to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this section, and the application of the provisions and phrases of this section to any other person or circumstance, shall not be affected.