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Code · BILL · 119th Congress · H.R. 4278 (Introduced in House) — To improve protections with respect to foreign regulation for certain entities integral to the national interests of... · Sec. 4

Sec. 4. Definitions

452 words·~2 min read·/bill/119/hr/4278/ih/section-4

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In this Act: The term core platform service has the meaning given such term in article 2 of chapter I of the Digital Markets Act. The term Digital Markets Act means— regulation
(EU)2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives
(EU)2019/1937 and
(EU)2020/1828 (Digital Markets Act); and any successor to such regulation. The term end-user has the meaning given such term in section 301 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8541 ). The term entity integral to the national interests of the United States means any entity— that— does business with the Federal Government, including through Federal contract awards or leases; is organized under the laws of a State; provides a core platform service; and is required to comply with requirements under a foreign digital market regulation; or that the President otherwise determines is integral to the national interests of the United States. The term foreign digital market regulation means any law, regulation, or other legal instrument adopted by a foreign government that requires an entity to— provide interoperability with respect to any operating systems of such entity; disclose information protected under the laws of the United States, including with respect to intellectual property rights, proprietary algorithms, or trade secret protections; restrict the use of personal data lawfully collected under the laws of the United States, including if collected for the purpose of providing online advertising services; provide sensitive data to third parties, including ranking, query, click, and view data related to free and paid searches generated by end-users or any other customer data; promote rival entities by prohibiting the entity from giving more favorable treatment to the services and products of the entity as compared to equivalent services and products offered by rival entities; ensure that rival entities are permitted to communicate with users, promote offers, and conclude contracts through channels other than channels controlled by the entity, including in relation to users acquired via the services of the entity; provide for data portability, limit marketing, or limit competitive pricing measures; or cease ordinary business operations without a finding of fault or a demonstration of immediate and irreparable harm by an authorized adjudicatory body. The term foreign digital market regulation does not apply to any law, regulation, or other legal instrument that is substantively similar to a law, regulation, or other legal instrument established by an Act of Congress. The term foreign digital market regulation includes the Digital Markets Act. The term State means each State of the United States, the District of Columbia, and each territory or possession of the United States.
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Sec. 4
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