Digitalisation

THE NEW INVISIBLE HAND? THE IMPACT OF ALGORITHMS ON COMPETITION AND CONSUMER RIGHTS

United States · United States Senate · 13 December 2023

Basic Allowance for Housing Calculation Improvement Act of 2023

United States · United States Congress · 18 August 2023

Basic Allowance for Housing Calculation Improvement Act of 2023 This bill requires the Department of Defense to seek to enter into an agreement with an entity to calculate the monthly basic allowance for housing rates for members of the uniformed services in at least 15 military housing areas. Under the bill, the entity must be a nationally recognized entity in the field of single-family housing that has data on local rental rates in real estate markets across the United States. Additionally, the entity must use industry standard machine learning and artificial intelligence algorithms in its calculations.

Algorithmic Justice and Online Platform Transparency Act

United States · United States Congress · 13 July 2023

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 · 13 July 2023

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.

Know Your App Act

United States · United States Congress · 18 May 2023

Know Your App Act This bill requires the National Telecommunications and Information Administration (NTIA) to undertake actions to inform customers about the country of origin of applications (apps) and dangers of certain foreign apps. Specifically, the NTIA must require app stores with more than 20 million U.S. customers to prominently display the country of origin for each app they distribute. In addition, app stores must enable customers to filter out apps that originate from countries of concern. These are countries, identified by the Departments of the Treasury and Commerce, with laws that allow governmental control of content moderation, algorithm design, or user data. App store pages for apps originating from a country of concern must include a disclaimer that warns customers about the potential for a foreign government to control functions of the app. Additionally, app developers must (1) certify to app stores that the information about the app displayed on the app store page, including country of origin and ownership, is correct; and (2) notify app stores about relevant changes in the country of origin or ownership. If a developer fails to provide the certification or update incorrect information, the app store must remove the app. App stores must also establish (1) a reporting mechanism to allow individuals to anonymously report when information about an app is incorrect, and (2) written policies for developers to appeal the removal of an app from the store. The bill provides for enforcement by the Department of Justice.

Quantum Sandbox for Near-Term Applications Act of 2023

United States · United States Congress · 4 May 2023

Quantum Sandbox for Near-Term Applications Act of 2023 This bill requires the Department of Commerce, in coordination with the National Institute of Standards and Technology, to establish a public-private partnership to accelerate the deployment of quantum applications and algorithms with near-term use cases by supporting demonstration and testing.

Western Hemisphere Partnership Act of 2023

United States · United States Congress · 26 April 2023

Western Hemisphere Partnership Act of 2023 This bill states that the Department of State should collaborate with democratic partners to promote certain objectives in the Western Hemisphere: (1) improvement of security conditions and the rule of law; (2) digitalization and cybersecurity; (3) improvement of economic conditions; and (4) transparent, accountable, and democratic governance. The first three of these objectives do not apply to Cuba, Nicaragua, or Venezuela.

Quantum Sandbox for Near-Term Applications Act of 2023

United States · United States Congress · 20 April 2023

Quantum Sandbox for Near-Term Applications Act of 2023 This bill requires the Department of Commerce, in coordination with the National Institute of Standards and Technology, to establish a public-private partnership to accelerate the deployment of quantum applications and algorithms with near-term use cases by supporting demonstration and testing.

DISCOURSE Act

United States · United States Congress · 22 March 2023

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.

DATA Act

United States · United States Congress · 7 March 2023

Data and Algorithm Transparency Agreement Act or the DATA Act This bill requires certain internet platforms (e.g., 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 platforms must notify users of this requirement. The notice must include specified information, including the type of data collected and the names 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.

Understanding Cybersecurity of Mobile Networks Act

United States · United States Congress · 21 February 2023

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.

ANTI-SOCIAL CCP Act

United States · United States Congress · 17 February 2023

Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act or the ANTI-SOCIAL CCP Act This bill requires the President to impose property-blocking sanctions on TikTok, its parent company ByteDance Ltd., and larger social media companies with ties to certain foreign countries. Specifically, the sanctions shall apply if the relevant property interests are (1) in the United States; or (2) in the possession or control of a U.S. person, if blocking the transaction is necessary to prevent the company's commercial operation in the United States. These sanctions shall also apply to larger social media companies involved with countries or persons (entities or individuals) of concern, generally defined as any foreign government or person engaged in activities adverse to U.S. security and safety and includes specific countries such as China, Russia, and North Korea. For the purposes of this bill, a person of concern also includes private companies and individuals domiciled in a country of concern and subject to the substantial influence of the government. Specifically, in addition to TikTok and ByteDance, the sanctions shall apply to any social media company that is based in or organized under the laws of a country of concern; where a country or person of concern owns 20% of its outstanding voting stock or shares; that uses software or algorithms controlled by a country or person of concern, including through export controls; or where a country or person of concern has substantial influence over the company's data sharing or content moderation practices.

ANTI-SOCIAL CCP Act

United States · United States Congress · 9 February 2023

Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act or the ANTI-SOCIAL CCP Act This bill requires the President to impose property-blocking sanctions on TikTok, its parent company ByteDance Ltd., and larger social media companies with ties to certain foreign countries. Specifically, the sanctions shall apply if the relevant property interests are (1) in the United States; or (2) in the possession or control of a U.S. person, if blocking the transaction is necessary to prevent the company's commercial operation in the United States. These sanctions shall also apply to larger social media companies involved with countries or persons (entities or individuals) of concern, generally defined as any foreign government or person engaged in activities adverse to U.S. security and safety and includes specific countries such as China, Russia, and North Korea. For the purposes of this bill, a person of concern also includes private companies and individuals domiciled in a country of concern and subject to the substantial influence of the government. Specifically, in addition to TikTok and ByteDance, the sanctions shall apply to any social media company that is based in or organized under the laws of a country of concern; where a country or person of concern owns 20% of its outstanding voting stock or shares; that uses software or algorithms controlled by a country or person of concern, including through export controls; or where a country or person of concern has substantial influence over the company's data sharing or content moderation practices.