Sec. 7. Independent research
1,558 words·~7 min read·
/bill/118/s/1409/is/section-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. The term de-identified data means information— that does not identify and is not linked or reasonably linkable to an individual or an individual’s device; and with respect to which a covered platform or researcher takes reasonable technical and contractual measures to ensure that the information is not used to re-identify any individual or individual’s device.
The term eligible researcher means an individual or group of individuals affiliated with or employed by— an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986. Such term shall not include an individual or group of individuals that is— not located in the United States; or affiliated with the government of a foreign adversary (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) )).
The term independent research means the scientific or historical analysis of information that is performed for the primary purpose of advancing understanding, knowledge, and remedies regarding the harms to minors described in section 3(a). The term noncommercial purpose means a purpose that does not involve any direct or indirect use of data sets for the sale, resale, solicitation, rental, or lease of a service, or any use by which the user expects a profit, including the sale to the general public of a publication containing independent research.
The term Program means the program established under subsection (b)(1). The term qualified researcher means an eligible researcher who is approved by the Assistant Secretary to conduct independent research regarding harms to minors under the Program. Subject to paragraph (2), the Assistant Secretary shall establish a program, with public notice and an opportunity to comment, under which an eligible researcher may apply for, and a covered platform shall provide, access to data sets from the covered platform for the sole purpose of conducting independent research regarding the harms described in section 3(a).
The requirements of this subsection shall apply to a covered platform if— for the most recent calendar year, the platform averaged more than 10,000,000 active users on a monthly basis in the United States; and the platform predominantly provides a community forum for user generated content and discussion, including sharing videos, images, games, audio files, discussion in a virtual setting, or other content, such as acting as a social media platform, virtual reality environment, or social network service.
Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall establish for the program established under this subsection— definitions for data sets (related to harms described in section 3(a)) that qualify for disclosure to researchers under the program and standards of access for data sets to be provided under the program; a process by which an eligible researcher may submit an application described in paragraph (1); an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph
(1)(including a decision to grant an appeal under paragraph (4)(C)); procedures for implementation of the program, including methods for— participation by covered platforms; evaluation of researcher proposals for alignment with program objectives and scoping; and verification by the Assistant Secretary of the credentials of eligible researchers and processes for the application or disqualification to participate in the program; standards for privacy, security, and confidentiality required to participate in the program, including rules to ensure that the privacy and safety of users is not infringed by the program; a mechanism to allow individuals to control the use of their personal data under the program, including the ability to opt out of the program; standards for transparency regarding the operation and administration of the program; and rules to prevent requests for data sets that present financial conflicts of interest, including efforts by covered platforms to gain a competitive advantage by directly funding data access requests, the use of qualified researcher status for commercial gain, or efforts by covered platforms to obtain access to intellectual property that is otherwise protected by law. If the Assistant Secretary approves an application under paragraph
(1)with respect to a covered platform, the covered platform shall, in a timely manner, provide the qualified researcher with access to data sets necessary to conduct independent research described in that paragraph. Nothing in this section shall be construed to require a covered platform to provide access to data sets that are intellectual property protected by Federal law, trade secrets, or commercial or financial information. A covered platform shall provide to a qualified researcher access to data sets under clause
(i)through online databases, application programming interfaces, and data files as appropriate. A covered platform may require, as a condition of access to the data sets of the covered platform, that a qualified researcher enter into a nondisclosure agreement restricting the release of data sets, provided that— the agreement does not restrict the publication or discussion regarding the qualified researcher’s findings; and the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the Assistant Secretary. A covered platform may appeal the granting of an application under paragraph
(1)on the grounds that, and the Assistant Secretary shall grant such appeal if— the covered platform does not have access to the requested data sets or the requested data sets are not reasonably tailored to application; or providing access to the data sets will lead to material vulnerabilities for the privacy of users or the security of the covered platform’s service or create a significant risk of the violation of Federal or state law. A decision of the Assistant Secretary with respect to an appeal under clause
(i)shall be considered to be a final agency action for purposes of judicial review under chapter 7 of title 5, United States Code. As part of an appeal under clause
(i)that is made on the basis of subclause
(II)of such clause, a covered platform shall propose one or more alternative data sets or means of accessing the requested data sets that are appropriate and sufficient to fulfill the purpose of the application, or shall explain why there are no alternative data sets or means of access which acceptably mitigate the applicable privacy, security, or legal concerns. A covered platform for which this provision applies shall participate in the program established under this subsection no later than two years after enactment of this Act. In order to be approved to access data sets from a covered platform, an eligible researcher shall, in the application submitted under paragraph (1)— explain the purpose for which the independent research is undertaken; commit to conduct the research for noncommercial purposes; demonstrate a proven record of expertise on the proposed research topic and related research methodologies; if the eligible researcher is seeking access to data sets that include personal data, explain why the data sets are requested, and the means through which such data sets shall be accessed are the least sensitive and the most privacy-protective means that will permit completion of the research and not compromise the privacy or safety of users; and commit to fulfill, and demonstrate a capacity to fulfill, the specific data security and confidentiality requirements corresponding to the application. To protect user privacy, a qualified researcher shall keep data sets provided by a covered platform under the program confidential and secure to the specifications set forth under the program rules and the approved application. A covered platform shall use reasonable measures to enable researcher access to data sets under the program in a secure and privacy-protective manner, including through the de-identification of personal data or use of other privacy-enhancing technologies. Nothing in this subsection shall be construed to authorize— a Federal agency to seek access to the data of a covered platform through the program; or a qualified researcher to transfer or share any data sets provided by a covered platform under the program with a Federal agency. Nothing in this subsection shall be construed in a manner that would result in data sets from a covered platform being transferred to the Government of the People's Republic of China or the government of another foreign adversary (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) )). If, in the course of conducting independent research for noncommercial purposes regarding harms described in section 3(a) (without regard to whether such research is conducted under the program), an eligible researcher collects or uses data from a covered platform in a manner that violates the terms of service of the platform, no cause of action based on such violation shall lie or be maintained in any court against such researcher unless the violation relates to the failure of the researcher to take reasonable measures to protect user privacy and security. The Assistant Secretary, in consultation with the Secretary of Commerce, the Director of the National Institute of Standards and Technology, the Director of the National Science Foundation, and the Director of the National Institutes of Health shall promulgate rules in accordance with section 553 of title 5, United States Code, as necessary to implement this section.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources