Sec. 2. Personalized recommendation of third-party information
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Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— by redesignating subsection
(f)as subsection (g); by inserting after subsection
(e)the following: Subsection (c)(1) does not apply to a provider of an interactive computer service with respect to information provided through such service by another information content provider if— such provider of such service— knew or should have known such provider of such service was making a personalized recommendation of such information; or recklessly made a personalized recommendation of such information; and such recommendation materially contributed to a physical or severe emotional injury to any person. Paragraph
(1)of this subsection does not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) has 5,000,000 or fewer unique monthly visitors or users for not fewer than 3 of the preceding 12 months. Paragraph
(1)of this subsection does not apply to a provider of an interactive computer service to the extent that the recommendation was made directly in response to a user-specified search. Paragraph
(1)of this subsection does not apply to a provider of an interactive computer service to the extent that the service, system, or access software of such provider is used by another interactive computer service for the management, control, or operation of such other interactive computer service, including for— web hosting; domain registration; content delivery networks; caching; data storage; and cybersecurity. ; and in subsection
(g)(as so redesignated), by adding at the end the following: The term personalized recommendation means, with respect to information, the material enhancement, using a personalized algorithm, of the prominence of such information with respect to other information. The term personalized algorithm means an algorithm that relies on information specific to an individual. The term algorithm means any computational process, model, or other automated means of processing to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post and any page, group, account, channel, or affiliation). . Section 223(h)(2) of the Communications Act of 1934 ( 47 U.S.C. 223(h)(2) ) is amended by striking section 230(f)(2) and inserting section 230(g)(2) . The amendments made by this section shall apply with respect to recommendations made after the date that is 180 days after the date of the enactment of this Act.
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