[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3608 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3608
To require the Federal Trade Commission to identify content-agnostic
platform interventions to reduce the harm of algorithmic amplification
and social media addiction on covered platforms, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2022
Ms. Klobuchar (for herself and Ms. Lummis) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to identify content-agnostic
platform interventions to reduce the harm of algorithmic amplification
and social media addiction on covered platforms, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nudging Users to Drive Good
Experiences on Social Media Act'' or the ``Social Media NUDGE Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Social media platforms can have significant impacts on
their users, both positive and negative. However, social media
usage can be associated with detrimental outcomes, including on
a user's mental and physical health. Design decisions made by
social media platforms, such as decisions affecting the content
a user might see on a social media platform, may drive or
exacerbate these negative or detrimental outcomes.
(2) Viral harmful content often spreads on social media
platforms. Social media platforms do not consistently enforce
their terms of service and content policies, leading to
supposedly prohibited content often being shown to users and
amplified by such platforms.
(3) Social media platforms often rely heavily on automated
measures for content detection and moderation. These social
media platforms may rely on such automated measures due to the
large quantity of user-generated content on their platforms.
However, evidence suggests that even state-of-the-art automated
content moderation systems currently do not fully address the
harmful content on social media platforms.
(4) Significant research has found that content-agnostic
interventions, if made by social media platforms, may help
significantly mitigate these issues. These interventions could
be readily implemented by social media platforms to provide
safer user experiences. Such interventions include the
following:
(A) Nudges to users and increased platform viewing
options, such as screen time alerts and grayscale phone
settings, which may reduce addictive platform usage
patterns and improve user experiences online.
(B) Labels and alerts that require a user to read
or review user-generated content before sharing such
content.
(C) Prompts to users, which may help users identify
manipulative and microtargeted advertisements.
(D) Other research-supported content-agnostic
interventions.
(5) Evidence suggests that increased adoption of content-
agnostic interventions would lead to improved outcomes of
social media usage. However, social media platforms may be
hesitant to independently implement content-agnostic
interventions that will reduce negative outcomes associated
with social media use.
SEC. 3. STUDY ON CONTENT-AGNOSTIC INTERVENTIONS.
(a) Study To Identify Content-Agnostic Interventions.--The Director
of the National Science Foundation (in this section referred to as the
``Director'') shall enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine (in this section referred to as
the ``Academies'') to conduct ongoing studies to identify content-
agnostic interventions that covered platforms could implement to reduce
the harms of algorithmic amplification and social media addiction on
covered platforms. The initial study shall--
(1) identify ways to define and measure the negative mental
or physical health impacts related to social media, including
harms related to algorithmic amplification and social media
addiction, through a review of--
(A) a wide variety of studies, literature, reports,
and other relevant materials created by academic
institutions, civil society groups, and other
appropriate sources; and
(B) relevant internal research conducted by a
covered platform or third-party research in the
possession of a covered platform that is voluntarily
submitted to the Academies by the covered platform
(through a process, established by the Academies, with
appropriate privacy safeguards);
(2) identify research-based content-agnostic interventions,
such as reasonable limits on account creation and content
sharing, to combat problematic smartphone use and other
negative mental or physical health impacts related to social
media, including through a review of the materials described in
subparagraphs (A) and (B) of paragraph (1);
(3) provide recommendations on how covered platforms may be
separated into groups of similar platforms for the purpose of
implementing content-agnostic interventions, taking into
consideration factors including any similarity among the
covered platforms with respect to--
(A) the number of monthly active users of the
covered platform and the growth rate of such number;
(B) how user-generated content is created, shared,
amplified, and interacted with on the covered platform;
(C) how the covered platform generates revenue; and
(D) other relevant factors for providing
recommendations on how covered platforms may be
separated into groups of similar platforms;
(4) for each group of covered platforms recommended under
paragraph (3), provide recommendations on which of the content-
agnostic interventions identified in paragraph (2) are
generally applicable to the covered platforms in such group;
(5) for each group of covered platforms recommended under
paragraph (3), provide recommendations on how the covered
platforms in such group could generally implement each of the
content-agnostic interventions identified for such group under
paragraph (4) in a way that does not alter the core
functionality of the covered platforms, considering--
(A) whether the content-agnostic intervention
should be offered as an optional setting or feature
that users of a covered platform could manually turn on
or off with appropriate default settings to reduce the
harms of algorithmic amplification and social media
addiction on the covered platform without altering the
core functionality of the covered platform; and
(B) other means by which the content-agnostic
intervention may be implemented and any associated
impact on the experiences of users of the covered
platform and the core functionality of the covered
platform;
(6) for each group of covered platforms recommended under
paragraph (3), define metrics generally applicable to the
covered platforms in such group to measure and publicly report
in a privacy-preserving manner the impact of any content-
agnostic intervention adopted by the covered platform; and
(7) identify data and research questions necessary to
further understand the negative mental or physical health
impacts related to social media, including harms related to
algorithmic amplification and social media addiction.
(b) Requirement To Submit Additional Research.--If a covered
platform voluntarily submits internal research to the Academies under
subsection (a)(1)(B), the covered platform shall, upon the request of
the Academies and not later than 60 days after receiving such a
request, submit to the Academies any other research in the platform's
possession that is closely related to such voluntarily submitted
research.
(c) Reports.--
(1) Initial study report.--Not later than 1 year after the
date of enactment of this Act, the Academies shall submit to
the Director, Congress, and the Commission a report containing
the results of the initial study conducted under subsection
(a), including recommendations for how the Commission should
establish rules for covered platforms related to content-
agnostic interventions as described in paragraphs (1) through
(5) of subsection (a).
(2) Updates.--Not later than 2 years after the effective
date of the regulations promulgated under section 4, and every
2 years thereafter during the 10-year period beginning on such
date, the Academies shall submit to the Director, Congress, and
the Commission a report containing the results of the ongoing
studies conducted under subsection (a). Each such report
shall--
(A) include analysis and updates to earlier studies
conducted, and recommendations made, under such
subsection;
(B) be based on--
(i) new academic research, reports, and
other relevant materials related to the subject
of previous studies, including additional
research identifying new content-agnostic
interventions; and
(ii) new academic research, reports, and
other relevant materials about harms occurring
on covered platforms that are not being
addressed by the content-agnostic interventions
being implemented by covered platforms as a
result of the regulations promulgated under
section 4;
(C) include information about the implementation of
the content-agnostic interventions by covered platforms
and the impact of the implementation of the content-
agnostic interventions; and
(D) include an analysis of any entities that have
newly met the criteria to be considered a covered
platform under this Act since the last report submitted
under this subsection.
SEC. 4. IMPLEMENTATION OF CONTENT-AGNOSTIC INTERVENTIONS.
(a) Determination of Applicable Content-Agnostic Interventions.--
(1) In general.--Not later than 60 days after the receipt
of the initial study report under section 3(c)(1), the
Commission shall initiate a rulemaking proceeding for the
purpose of promulgating regulations in accordance with section
553 of title 5, United States Code--
(A) to determine how covered platforms should be
grouped together;
(B) to determine which content-agnostic
interventions identified in such report shall be
applicable to each group of covered platforms
identified in the report; and
(C) to require each covered platform to implement
and measure the impact of such content-agnostic
interventions in accordance with subsection (b).
(2) Considerations.--In the rulemaking proceeding described
in paragraph (1), the Commission--
(A) shall consider the report under section 3(c)(1)
and its recommendations; and
(B) shall not promulgate regulations requiring any
covered platform to implement a content-agnostic
intervention that is not discussed in such report.
(3) Notification to covered platforms.--The Commission
shall, not later than 30 days after the promulgation of the
regulations under this subsection, provide notice to each
covered platform of the content-agnostic interventions that are
applicable to the platform pursuant to the regulations
promulgated under this subsection.
(b) Implementation of Content-Agnostic Interventions.--
(1) In general.--
(A) Implementation plan.--
(i) In general.--Not later than 60 days
after the date on which a covered platform
receives the notice from the Commission
required under subsection (a)(3), the covered
platform shall submit to the Commission a plan
to implement each content-agnostic intervention
applicable to the covered platform (as
determined by the Commission) in an
appropriately prompt manner. If the covered
platform reasonably believes that any aspect of
an applicable intervention is not technically
feasible for the covered platform to implement,
would substantially change the core
functionality of the covered platform, or would
pose a material privacy or security risk to
consumer data stored, held, used, processed, or
otherwise possessed by such covered platform,
the covered platform shall include in its plan
evidence supporting these beliefs in accordance
with paragraph (2).
(ii) Commission determination.--Not later
than 30 days after receiving a covered
platform's plan under clause (i), the
Commission shall determine whether such plan
includes details related to the appropriately
prompt implementation of each content-agnostic
intervention applicable to the covered
platform, except for any aspect of an
intervention for which the Commission
determines the covered platform is exempt under
paragraph (2).
(iii) Appeal or revised plan.--
(I) In general.--Subject to
subclause (II), if the Commission
determines under clause (ii) that a
covered platform's plan does not
satisfy the requirements of this
subsection, not later than 90 days
after the issuance of such
determination, the covered platform
shall--
(aa) appeal the
determination by the Commission
to the United States Court of
Appeals for the Federal
Circuit; or
(bb) submit to the
Commission a revised plan for a
Commission determination
pursuant to clause (ii).
(II) Limitation.--If a covered
platform submits 3 revised plans to the
Commission for a determination pursuant
to clause (ii) and the Commission
determines that none of the revised
plans satisfy the requirements of this
subsection, the Commission may find
that the platform is not acting in good
faith in developing an implementation
plan and may require the platform to
implement, pursuant to a plan developed
for the platform by the Commission,
each content-agnostic intervention
applicable to the platform (as
determined by the Commission) in an
appropriately prompt manner.
(B) Statement of compliance.--Not less frequently
than annually, each covered platform shall make
publicly available on their website and submit to the
Commission, in a machine-readable format and in a
privacy-preserving manner, the details of--
(i) the covered platform's compliance with
the required implementation of content-agnostic
interventions; and
(ii) the impact (using the metrics defined
by the Director of the National Science
Foundation and the National Academies of
Sciences, Engineering, and Medicine pursuant to
section 3(a)(6)) of such content-agnostic
interventions on reducing the harms of
algorithmic amplification and social media
addiction on covered platforms.
(2) Feasibility, functionality, privacy, and security
exemptions.--
(A) Statement of inapplicability.--Not later than
60 days after the date on which a covered platform
receives the notice from the Commission required under
subsection (a)(3), a covered platform seeking an
exemption from any aspect of such rule may submit to
the Commission--
(i) a statement identifying any specific
aspect of a content-agnostic intervention
applicable to such covered platform (as
determined by the Commission under subsection
(a)) that the covered platform reasonably
believes--
(I) is not technically feasible for
the covered platform to implement;
(II) will substantially change the
core functionality of the covered
platform; or
(III) will create a material and
imminent privacy or security risk to
the consumer data stored, held, used,
processed, or otherwise possessed by
such covered platform; and
(ii) specific evidence supporting such
belief, including any relevant information
regarding the core functionality of the covered
platform.
(B) Determination by the commission.--Not later
than 30 days after receiving a covered platform's
statement under subparagraph (A), the Commission shall
determine whether the covered platform shall be exempt
from any aspect of a content-agnostic intervention
discussed in the covered platform's statement.
(C) Appeal or revised plan.--Not later than 90 days
after a determination issued under subparagraph (B), a
covered platform may--
(i) appeal the determination by the
Commission to the United States Court of
Appeals for the Federal Circuit; or
(ii) submit to the Commission a revised
plan, including details related to the prompt
implementation of any content-agnostic
intervention for which the covered platform
requested an exemption that the Commission
subsequently denied, for a Commission
determination pursuant to paragraph (1)(A)(ii).
SEC. 5. TRANSPARENCY REPORT.
Not later than 180 days after the date of enactment of this Act,
and semiannually thereafter, each covered platform shall publish a
publicly available, machine-readable report about the content
moderation efforts of the covered platform with respect to each
language spoken by not less than 100,000 monthly active users of the
covered platform in the United States. Such report shall include the
following:
(1) Content moderators.--The total number of individuals
employed or contracted by the covered platform during the
reporting period to engage in content moderation for each
language, broken down by the number of individuals retained as
full-time employees, part-time employees, and contractors of
the covered platform and reported in a privacy-preserving
manner.
(2) Random sample of viewed content.--Information related
to a random sample of publicly visible content accounting for
1,000 views each month. Each month, covered platforms shall
calculate the total number of views for each piece of publicly
visible content posted during the month and sample randomly
from the content in a manner such that the probability of a
piece of content being sampled is proportionate to the total
number of views of that piece of content during the month.
Covered platforms shall report the following information about
each piece of sampled content (with appropriate redactions to
exclude the disclosure of illegal content):
(A) The text, images, audio, video, or other
creative data associated with each such piece of
content.
(B) The details of the account or accounts that
originally posted the content.
(C) The total number of views of each such piece of
content during the month.
(3) High reach content.--Content moderation metrics broken
down by language to assess the prevalence of harmful content on
the covered platform, including, for each language, the 1,000
most viewed pieces of publicly visible content each month,
including the following (with appropriate redactions to exclude
the disclosure of illegal content):
(A) The text, images, audio, video, or other
creative data associated with each such piece of
content.
(B) The details of--
(i) the account that originally posted the
content; and
(ii) any account whose sharing or reposting
of the content accounted for more than 5
percent of the views of the content.
(4) Removed and moderated content.--
(A) In general.--Aggregate metrics for user-
generated content that is affected by any automated or
manual moderation system or decision, including, as
calculated on a monthly basis and reported in a
privacy-preserving manner, the number of pieces of
user-generated content and the number of views of such
content that were--
(i) reported to the covered platform by a
user of the covered platform;
(ii) flagged by the covered platform by an
automated content detection system;
(iii) removed from the covered platform and
not restored;
(iv) removed from the covered platform and
later restored; or
(v) labeled, edited, or otherwise moderated
by the covered platform following a user report
or flagging by an automated content detection
system.
(B) Requirements for metrics.--The metrics reported
under subparagraph (A) shall be broken down by--
(i) the language of the user-generated
content;
(ii) the topic of the user-generated
content, such as bullying, hate speech, drugs
and firearms, violence and incitement, or any
other category determined by the covered
platform to categorize such content; and
(iii) if the covered platform has a process
for publicly verifying that an account on the
platform belongs to a prominent user or public
figure, whether the creator of the content is a
politician or journalist with a verified
account.
SEC. 6. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
3(b), 4, or 5 or a regulation promulgated under section 4 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.--
(1) In general.--The Commission shall enforce this Act 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 Act.
(2) Privileges and immunities.--Any person who violates
section 4 or 5 or a regulation promulgated under section 4
shall be entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(3) Enforcement guidelines and updates.--Not later than 1
year after the date of enactment of this Act, the Commission
shall issue guidelines that outline any policies and practices
of the Commission related to the enforcement of this Act in
order to promote transparency and deter violations of this Act.
The Commission shall update the guidelines as needed to reflect
current policies, practices, and changes in technology, but not
less frequently than once every 4 years.
(4) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 7. DEFINITIONS.
In this Act:
(1) Algorithmic amplification.--The term ``algorithmic
amplification'' means the promotion, demotion, recommendation,
prioritization, or de-prioritization of user-generated content
on a covered platform to other users of the covered platform
through a means other than presentation of content in a
reverse-chronological or chronological order.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Content moderation.--The term ``content moderation''
means the intentional removal, labeling, or altering of user-
generated content on a covered platform by the covered platform
or an automated or human system controlled by the covered
platform, including decreasing the algorithmic ranking of user-
generated content, removing user-generated content from
algorithmic recommendations, or any other action taken in
accordance with the covered platform's terms of service,
community guidelines, or similar materials governing the
content allowed on the covered platform.
(4) Content-agnostic intervention.--The term ``content-
agnostic intervention'' means an action that can be taken by a
covered platform to alter a user's experience on the covered
platform or the user interface of the covered platform that
does not--
(A) rely on the substance of user-generated content
on the covered platform; or
(B) alter the core functionality of the covered
platform.
(5) Covered platform.--The term ``covered platform'' means
any public-facing website, desktop application, or mobile
application that--
(A) is operated for commercial purposes;
(B) provides a forum for user-generated content;
(C) is constructed such that the core functionality
of the website or application is to facilitate
interaction between users and user-generated content;
and
(D) has more than 20,000,000 monthly active users
in the United States for a majority of the months in
the previous 12-month period.
(6) Privacy-preserving manner.--The term ``privacy-
preserving manner'' means, with respect to a report made by a
covered platform, that the information contained in the report
is presented in a manner in which it is not reasonably capable
of being used, either on its own or in combination with other
readily accessible information, to uniquely identify an
individual.
(7) User.--The term ``user'' means a person that uses a
covered platform, regardless of whether that person has an
account or is otherwise registered with the platform.
(8) User-generated content.--The term ``user-generated
content'' means any content, including text, images, audio,
video, or other creative data that is substantially created,
developed, or published on a covered platform by any user of
such covered platform.
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