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H.R. 492 (116th): Biased Algorithm Deterrence Act of 2019

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The text of the bill below is as of Jan 11, 2019 (Introduced). The bill was not enacted into law.

I

116th CONGRESS

1st Session

H. R. 492

IN THE HOUSE OF REPRESENTATIVES

January 11, 2019

introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Communications Act of 1934 to provide that an owner or operator of a social media service that hinders the display of user-generated content shall be treated as a publisher or speaker of such content, and for other purposes.

1.

Short title

This Act may be cited as the Biased Algorithm Deterrence Act of 2019.

2.

Exception to protection from treatment as publisher or speaker

Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended—

(1)

in subsection (c), by adding at the end the following:

(3)

Exception

(A)

In general

Notwithstanding paragraph (1), an owner or operator of a social media service that displays user-generated content in an order other than chronological order, delays the display of such content relative to other content, or otherwise hinders the display of such content relative to other content, if for a reason other than to restrict access to or availability of material described in paragraph (2)(A) or to carry out the direction of the user that generated such content, shall be treated as a publisher or speaker of such content.

(B)

Use of algorithms

If an algorithm of a social media service is used to engage in an action related to user-generated content that is described in subparagraph (A), such action shall be considered to be the action of the owner or operator of the social media service.

; and

(2)

in subsection (f), by adding at the end the following:

(5)

Social media service

The term social media service means any interactive computer service provided over the internet that connects users for the purpose of such users engaging in dialogue, sharing information, collaborating, or otherwise interacting.

(6)

User-generated content

The term user-generated content means content that is supplied on a social media service by an information content provider who is a user of such service.

(7)

Algorithm

The term algorithm means a computer program that performs any action described in subparagraph (A), (B), or (C) of paragraph (4).

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