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Code · BILL · 116th Congress · S. 4626 (Introduced in Senate) — To establish data privacy and data security protections for consumers in the United States. · Sec. 205

Sec. 205. Filter bubble transparency

377 words·~2 min read·/bill/116/s/4626/is/section-205

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Beginning on the date that is 1 year after the date of enactment of this Act, it shall be unlawful— for any person to operate a covered internet platform that uses an opaque algorithm unless the person complies with the requirements of subsection (b); or for any upstream provider to grant access to an index of web pages on the internet under a search syndication contract that does not comply with the requirements of subsection (c). The requirements of this subsection with respect to a person that operates a covered internet platform that uses an opaque algorithm are the following:
The person provides notice to users of the platform that the platform uses an opaque algorithm that makes inferences based on user-specific data to select the content the user sees. Such notice shall be presented in a clear, conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time, and may be a one-time notice that can be dismissed by the user. The person makes available a version of the platform that uses an input-transparent algorithm and enables users to easily switch between the version of the platform that uses an opaque algorithm and the version of the platform that uses the input-transparent algorithm by selecting a prominently placed icon, which shall be displayed wherever the user interacts with an opaque algorithm.
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(1)shall not apply with respect to an internet search engine if— the search engine is operated by a downstream provider with fewer than 1,000 employees; and the search engine uses an index of web pages on the internet to which such provider received access under a search syndication contract. The requirements of this subsection with respect to a search syndication contract are that— as part of the contract, the upstream provider makes available to the downstream provider the same input-transparent algorithm used by the upstream provider for purposes of complying with subsection (b)(1)(B); and the upstream provider does not impose any additional costs, degraded quality, reduced speed, or other constraint on the functioning of such algorithm when used by the downstream provider to operate an internet search engine relative to the performance of such algorithm when used by the upstream provider to operate an internet search engine.
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