[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 688 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 688
To impose notice and consent requirements on internet platforms that
use algorithms to manipulate the availability of content on the
platform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2023
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To impose notice and consent requirements on internet platforms that
use algorithms to manipulate the availability of content on the
platform.
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 ``Data and Algorithm Transparency
Agreement Act'' or the ``DATA Act''.
SEC. 2. NOTICE AND CONSENT REQUIREMENTS FOR INTERNET PLATFORMS THAT USE
ALGORITHMS TO MANIPULATE THE AVAILABILITY OF PLATFORM
CONTENT.
(a) In General.--Beginning 1 year after the date of enactment of
this Act, any covered platform shall comply with the requirements of
subsection (c).
(b) Definitions.--In this Act:
(1) Covered data.--The term ``covered data'' means, with
respect to an individual, data regarding the habits, traits,
preferences, beliefs, or location of the individual.
(2) Covered platform.--the term ``covered platform'' means
a public-facing website, internet application, or mobile
internet application, including a social network, video sharing
service, ad network, mobile operating system, search engine,
email service, or internet access service that--
(A) has not less than 30,000,000 active monthly
users in the United States; and
(B) uses an algorithm to increase or decrease the
availability of content on the website or application.
(c) Requirements.--
(1) No collection of covered data without consent.--
(A) In general.--A covered platform shall not
collect any covered data of an individual without
obtaining the individual's express consent for such
data collection.
(B) Revocation of consent; right to delete.--A
covered platform shall--
(i) allow any individual to revoke or
withdraw the individual's prior consent to the
covered platform collecting the individual's
covered data; and
(ii) at the request of an individual,
delete any covered data of the individual
collected or held by the platform.
(2) No sale, sharing, or conveyance of data without
consent.--
(A) In general.--A covered platform shall not sell,
share, or otherwise convey to a third party entity any
covered data of an individual without obtaining the
individual's express consent.
(B) Revocation of consent.--A covered platform
shall allow any individual to revoke or withdraw the
individual's prior consent to any sale, sharing, or
conveyance of the individual's covered data.
(3) Notice of requirements.--
(A) In general.--A covered platform shall provide
notice to users of the platform of the requirements
described in paragraphs (1) and (2).
(B) Manner of notification.--The notice required
under subparagraph (A) shall contain the information
described in subparagraph (C) and shall be provided by
a covered platform to a user--
(i) in plain language and in a conspicuous
manner;
(ii) in addition to any notice relating to
the terms of service of the platform;
(iii) each time the user logs in to the
platform unless the user affirmatively waives
receiving the notice; and
(iv) each time the platform modifies its
terms of service.
(C) Contents of notification.--A notice required
under this paragraph shall include the following:
(i) With respect to the collection of
covered data by a covered platform--
(I) the type of data to be
collected;
(II) whether the collection of data
will continue beyond the user's
immediate use of the covered platform;
and
(III) how the data will be used by
the covered platform.
(ii) With respect to the sale, sharing, or
conveyance of covered data by a covered
platform--
(I) the specific data that will be
sold, shared, or otherwise conveyed to
a third party entity;
(II) the name of any third party
entity to which data will be sold,
shared, or otherwise conveyed; and
(III) the country of origin of the
third party entity to which the data
will be sold, shared, or conveyed.
SEC. 3. ENFORCEMENT.
(a) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as an unfair or deceptive act or practice in violation
of a rule promulgated under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--The Federal Trade Commission shall
enforce this Act and any regulation promulgated under
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.
(B) Privileges and immunities.--Any covered entity
who violates this Act or a regulation promulgated under
this Act 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.).
(b) Private Right of Action.--
(1) In general.--An individual alleging a violation of this
Act may bring a civil action in any court of competent
jurisdiction, State or Federal.
(2) Injury in fact.--A violation of this Act with respect
to the requirements to notify and obtain the express consent of
the user before the user's data may be collected, sold, shared,
or otherwise conveyed to a third-party entity constitutes a
concrete and particularized injury in fact to that individual.
(3) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court shall award--
(A) the greater of--
(i) not less than $5,000; and
(ii) actual damages; and
(B) reasonable attorney's fees and litigation
costs.
(c) Rulemaking.--The Federal Trade Commission shall promulgate in
accordance with section 553 of title 5, United States Code, such rules
as may be necessary to carry out this Act.
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