Digitalisation

DISRUPTING DANGEROUS ALGORITHMS: ADDRESSING THE HARMS OF PERSUASIVE TECHNOLOGY

United States · United States Senate · 9 December 2021

Filter Bubble Transparency Act

United States · United States Congress · 9 November 2021

Filter Bubble Transparency Act This bill establishes requirements for large online platforms that use algorithms applying artificial intelligence or machine learning to user-specific data to determine the manner in which content is displayed to users. Specifically, if an online platform applies such techniques to user-specific data that is not expressly provided by the user, the platform must (1) notify users that the platform uses such data, and (2) make a version of the platform available that uses only user-specific data that has been expressly provided by the user and which enables users to switch between the two platforms. These requirements do not apply to search engines operated by downstream providers with fewer than 1,000 employees and that have an agreement to access an index of web pages from an upstream provider. However, the bill requires such upstream providers to make their algorithm available to downstream providers as part of such an agreement.

Protecting Americans from Dangerous Algorithms Act

United States · United States Congress · 20 October 2021

Protecting Americans from Dangerous Algorithms Act This bill limits a social media company's immunity from liability if it promotes certain content on its platform. Specifically, the bill removes this immunity from a social media company with more than 10 million monthly users if it utilizes an algorithm, model, or other computational process to amplify or recommend content to a user that is directly relevant to a claim involving (1) interference with civil rights, (2) neglect to prevent interference with civil rights, or (3) acts of international terrorism.

Justice Against Malicious Algorithms Act of 2021

United States · United States Congress · 15 October 2021

Justice Against Malicious Algorithms Act of 2021 This bill limits federal liability protection that applies to a provider of an interactive computer service (e.g., a social media company) for claims related to content provided by a third party if the provider makes personalized recommendations of online content that cause physical or emotional injury. Specifically, the liability protection (sometimes referred to as Section 230 protection) shall not apply to a service provider that has more than 5 million monthly visitors for more than 3 of the preceding 12 months, uses an algorithm or similar computational process to make personalized recommendations based on information specific to an individual, and knowingly or recklessly makes a personalized recommendation that materially contributes to a physical or severe emotional injury to a person. However, the liability protection shall continue to apply to (1) recommendations made directly in response to a user's search; and (2) service providers of web hosting, domain registration, data storage, and related services that are used by another service provider in the management, control, or operation of that provider's services.

Health Misinformation Act of 2021

United States · United States Congress · 22 July 2021

Health Misinformation Act of 2021 This bill limits liability protection that applies to a provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties if a provider promotes health misinformation during a declared public health emergency. Specifically, the liability protection (sometimes referred to as Section 230 protection) shall not apply to a provider that promotes health misinformation using an algorithm unless the algorithm uses a neutral mechanism for the promotion, such as chronological functionality. The Department of Health and Human Services must, within 30 days, issue guidance about what constitutes health misinformation.

DISCOURSE Act

United States · United States Congress · 24 June 2021

Disincentivizing Internet Service Censorship of Online Users and Restrictions on Speech and Expression Act or the DISCOURSE Act This bill limits federal liability protections for a user or provider of an interactive computer service (e.g., a social media company) related to content provided by third parties. It also requires a provider that offers its service through a mass-market offering to the public to disclose information about its content moderation activities. The bill removes liability protections (sometimes referred to as section 230 protection) for a provider with a dominant market share if the provider promotes or suppresses a viewpoint through its content moderation, including by affecting a content creator's revenue; uses automated processes (e.g., algorithms) to target and amplify content provided to a user who has not requested or searched for the content; or solicits, funds, modifies, or otherwise contributes to content. Currently, a provider retains liability protections even when it restricts access to materials that it considers objectionable. Under this bill, a provider retains protections if restricted materials fall, based on an objectively reasonable belief, into a prescribed list of harmful or unlawful categories. Additionally, the liability protections shall not apply to providers that (1) restrict access to content in a manner that burdens the exercise of religion, or (2) fail to comply with an existing requirement to notify customers of options for limiting a minor's access to harmful online content (e.g., parental controls). The bill also changes legal procedures related to the liability protections, including by specifying that the protection serves as an affirmative defense.

Filter Bubble Transparency Act

United States · United States Congress · 10 June 2021

Filter Bubble Transparency Act This bill establishes requirements for large online platforms that use algorithms applying artificial intelligence or machine learning to user-specific data to determine the manner in which content is displayed to users. Specifically, if an online platform applies such techniques to user-specific data that is not expressly provided by the user, the platform must (1) notify users that the platform uses such data, and (2) make a version of the platform available that uses only user-specific data that has been expressly provided by the user and which enables users to switch between the two platforms. These requirements do not apply to search engines operated by downstream providers with fewer than 1,000 employees and that have an agreement to access an index of web pages from an upstream provider. However, the bill requires such upstream providers to make their algorithm available to downstream providers as part of such an agreement.

Algorithmic Justice and Online Platform Transparency Act

United States · United States Congress · 28 May 2021

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 make disclosures about their collection and use of personal information and their content moderation practices; retain specified records that describe how the algorithms use personal information and assess whether the algorithms produce disparate outcomes based on race and other demographic factors in terms of access to housing, employment, financial services, and related matters; employ algorithms safely and effectively; and allow users to access and transfer their personal information. 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.

Algorithmic Justice and Online Platform Transparency Act

United States · United States Congress · 27 May 2021

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 make disclosures about their collection and use of personal information and their content moderation practices; retain specified records that describe how the algorithms use personal information and assess whether the algorithms produce disparate outcomes based on race and other demographic factors in terms of access to housing, employment, financial services, and related matters; employ algorithms safely and effectively; and allow users to access and transfer their personal information. 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.

Civil Rights Modernization Act of 2021

United States · United States Congress · 13 May 2021

Civil Rights Modernization Act of 2021 This bill specifies that the federal liability protection that a provider of an interactive computer service (e.g., a social media company) receives for content provided by third parties does not apply to certain advertisements that target users who are part of a protected class or have a protected status. Specifically, the liability protection shall not apply to investigations, claims, or charges arising under civil rights laws if the provider (1) receives consideration (e.g., money) for publishing or delivering an advertisement; and (2) uses an algorithm, software application, or other information technology to target the advertisement to a user who is part of a protected class or has a protected status.

EQUITABLE ALGORITHMS: HOW HUMAN-CENTERED AI CAN ADDRESS SYSTEMIC RACISM AND RACIAL JUSTICE IN HOUSING AND FINANCIAL SERVICES

United States · United States House of Representatives · 7 May 2021

DATA Act

United States · United States Congress · 29 April 2021

Data and Algorithm Transparency Agreement Act or the DATA Act This bill requires large websites and social networks that use algorithms for suggesting content to obtain express consent from their users before collecting or sharing their personal data. These websites must notify users of this requirement, including information about the type of data collected and the name of any third parties with which the data is shared. The bill provides for enforcement by the Federal Trade Commission and a private right of action against a violator of the bill.

ALGORITHMS AND AMPLIFICATION: HOW SOCIAL MEDIA PLATFORMS' DESIGN CHOICES SHAPE OUR DISCOURSE AND OUR MINDS

United States · United States Senate · 27 April 2021

Understanding Cybersecurity of Mobile Networks Act

United States · United States Congress · 20 April 2021

Understanding Cybersecurity of Mobile Networks Act This bill requires the National Telecommunications and Information Administration to examine and report on the cybersecurity of mobile service networks and the vulnerability of these networks and mobile devices to cyberattacks and surveillance conducted by adversaries. The report shall include (1) an assessment of the degree to which providers of mobile service have addressed certain cybersecurity vulnerabilities; (2) a discussion of the degree to which these providers have implemented cybersecurity best practices and risk assessment frameworks; and (3) an estimate of the prevalence and efficacy of encryption and authentication algorithms and techniques used in mobile service and communications equipment, mobile devices, and mobile operating systems and software.

Justice in Forensic Algorithms Act of 2021

United States · United States Congress · 8 April 2021

Justice in Forensic Algorithms Act of 2021 This bill establishes a federal framework to govern the use of computational forensic software. The term computational forensic software means software that relies on an automated computational process to assess evidence in a criminal investigation (e.g., facial recognition technology). The framework contains various elements, including the following: requirements for the establishment of testing standards and a testing program for computational forensic software, requirements for the use of computational forensic software by federal law enforcement agencies and related entities (e.g., crime labs), a ban on the use of trade secret evidentiary privilege to prevent federal criminal defendants from accessing evidence collected using computational forensic software or information about the software (e.g., source code), and limits on the admissibility of evidence collected using computational forensic software.

Protecting Americans from Dangerous Algorithms Act

United States · United States Congress · 23 March 2021

Protecting Americans from Dangerous Algorithms Act This bill limits a social media company's immunity from liability if it promotes certain content on its platform. Specifically, the bill removes this immunity from a social media company with more than 10 million monthly users if it utilizes an algorithm, model, or other computational process to amplify or recommend content to a user that is directly relevant to a claim involving (1) interference with civil rights, (2) neglect to prevent interference with civil rights, or (3) acts of international terrorism.