What This Bill Does
This bill requires online platforms to be more transparent about how they decide what content to allow or remove. It also requires platforms to set up systems where users can report problematic content and track complaints. The bill aims to hold online platforms accountable when they ignore reports of illegal content or violate their own rules.
##
Who It Affects
- Online platforms (called "interactive computer services" in the bill)
- Users of online platforms who post or share content
- The Federal Trade Commission, which enforces consumer protection laws
- Very small online platforms with fewer than 100,000 monthly visitors
- Small online platforms with fewer than 1 million monthly visitors
- Web hosting companies and internet service providers
##
Key Provisions
- Online platforms must publish an easy-to-find policy explaining what content is allowed and what happens when content breaks the rules (Sec. 5(a))
- Online platforms must provide ways for users to report content that may violate rules, including a phone number during business hours and an email address (Sec. 5(a))
- Online platforms must remove content determined by a court to be illegal within 4 days of receiving proper notice, or within 10 days if the notice comes from a default judgment (Sec. 5(c))
- Online platforms must review complaints about policy-breaking content within 14 days and take action if needed (Sec. 5(c))
- Online platforms must publish a report every 6 months showing how many complaints they received and what actions they took (Sec. 5(d))
##
What Changes
If this becomes law, online platforms will lose some legal protections under a law called "Section 230" when they knowingly fail to remove illegal content within required timeframes. Platforms will be required to have clear policies about content, respond to user complaints on deadlines, and publish regular reports about their moderation activities. The Federal Trade Commission gains power to punish platforms that fail to meet these requirements. Very small and small platforms get extra time to respond and are excused from some requirements.
##
Important Definitions
- **Demonetize**: Stop paying someone money based on their content (Sec. 2)
- **Deprioritize**: Reduce how often someone's content is shown to other users (Sec. 2)
- **Illegal content**: Information a court found violates federal law or state defamation law (Sec. 2)
- **Illegal activity**: Actions a court found violate federal law (Sec. 2)
- **Individual provider**: A very small online platform with fewer than 100,000 monthly visitors and less than $1 million in revenue (Sec. 2)
- **Small business provider**: A small online platform with fewer than 1 million monthly visitors and less than $50 million in revenue (Sec. 2)
- **Potentially policy-violating content**: Content that might break the platform's rules (Sec. 2)
##
Effective Date
18 months after the bill becomes law (Sec. 9)
II
118TH CONGRESS
1ST SESSION
S. 483
To require transparency, accountability, and protections for consumers online.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 2023
Mr. SCHATZ (for himself, Mr. THUNE, Ms. BALDWIN, Mr. BARRASSO, Mr.
LUJA´N, Mr. CASSIDY, Mrs. CAPITO, and Mr. HICKENLOOPER) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
A BILL
To require transparency, accountability, and protections for
consumers online.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Internet Platform Ac-
4
countability and Consumer Transparency Act’’ or the
5
‘‘Internet PACT Act’’.
6
SEC. 2. DEFINITIONS.
7
In this Act:
8
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(1) COMMISSION.—Except as otherwise pro-
1
vided, the term ‘‘Commission’’ means the Federal
2
Trade Commission.
3
(2) DEMONETIZE.—The term ‘‘demonetize’’,
4
with respect to content on an interactive computer
5
service, means to take action to prohibit the infor-
6
mation content provider that generated or dissemi-
7
nated the content from receiving direct financial
8
compensation from the interactive computer service
9
provider based on the content.
10
(3) DEPRIORITIZE.—The term ‘‘deprioritize’’,
11
with respect to content on an interactive computer
12
service, means to take affirmative, content-specific
13
action to reduce the priority level of the content.
14
(4) ILLEGAL ACTIVITY.—The term ‘‘illegal ac-
15
tivity’’ means activity conducted by an information
16
content provider that has been determined by a trial
17
or appellate Federal or State court to violate Fed-
18
eral criminal or civil law.
19
(5) ILLEGAL CONTENT.—The term ‘‘illegal con-
20
tent’’ means information provided by an information
21
content provider that has been determined by a trial
22
or appellate Federal or State court to violate—
23
(A) Federal criminal or civil law; or
24
(B) State defamation law.
25
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•S 483 IS
(6) INDIVIDUAL PROVIDER.—The term ‘‘indi-
1
vidual provider’’ means a provider of an interactive
2
computer service that, during the most recent 12-
3
month period—
4
(A) received fewer than 100,000 unique
5
monthly visitors; and
6
(B)
accrued
revenue
of
less
than
7
$1,000,000.
8
(7) INFORMATION
CONTENT
PROVIDER.—The
9
term ‘‘information content provider’’ has the mean-
10
ing given the term in section 230 of the Communica-
11
tions Act of 1934 (47 U.S.C. 230).
12
(8) INTERACTIVE
COMPUTER
SERVICE.—The
13
term ‘‘interactive computer service’’ has the meaning
14
given the term in section 230 of the Communica-
15
tions Act of 1934 (47 U.S.C. 230).
16
(9)
POTENTIALLY
POLICY-VIOLATING
CON-
17
TENT.—The term ‘‘potentially policy-violating con-
18
tent’’ means content that may violate the acceptable
19
use policy of the provider of an interactive computer
20
service.
21
(10) SMALL BUSINESS PROVIDER.—The term
22
‘‘small business provider’’ means a provider of an
23
interactive computer service that is not an individual
24
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•S 483 IS
provider and, during the most recent 12-month pe-
1
riod—
2
(A) received fewer than 1,000,000 unique
3
monthly visitors; and
4
(B)
accrued
revenue
of
less
than
5
$50,000,000.
6
SEC. 3. FINDINGS.
7
Congress finds the following:
8
(1) Technological advancements involving the
9
internet and interactive computer service providers
10
have led to innovations that offer substantial benefit
11
to the people and the economy of the United States.
12
(2) People in the United States increasingly
13
rely on interactive computer services to commu-
14
nicate, gather information, and conduct transactions
15
that are central to our economic, political, social,
16
and cultural life.
17
(3) The content moderation decisions made by
18
providers of interactive computer services shape the
19
online information ecosystem available to people in
20
the United States and impact free expression.
21
(4) There is a compelling government interest
22
in having providers of interactive computer services
23
provide information to the public about their content
24
moderation policies and practices because of the im-
25
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•S 483 IS
pact those policies may have on the speech interests
1
of their consumers.
2
(5) The people of the United States benefit
3
from transparent information about the decisions
4
interactive computer service providers make regard-
5
ing their content moderation practices, including re-
6
moving,
maintaining,
blocking,
amplifying,
7
prioritizing, or deprioritizing information provided
8
by other consumers.
9
(6) The Federal Government should hold inter-
10
active computer service providers accountable when
11
they fail to respond to consumers’ concerns about
12
their content moderation decisions.
13
(7) Federal and State court decisions and Fed-
14
eral statutes and regulations that apply to offline
15
commerce do not always govern online commerce
16
and communications.
17
(8) The rights of consumers should extend to
18
online commerce and communications to provide a
19
level playing field for all consumers and companies,
20
and to prevent wrongdoing and victimization of peo-
21
ple in the United States.
22
SEC. 4. POLICY.
23
It is the policy of the United States—
24
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•S 483 IS
(1) to preserve the internet and other inter-
1
active computer services as forums for diversity of
2
political discourse, opportunities for cultural develop-
3
ment, and places for intellectual and commercial ac-
4
tivity;
5
(2) to ensure consumers have accessible and
6
clear information about the acceptable use policies of
7
interactive computer service providers so that con-
8
sumers are informed about the content moderation
9
policies and practices of those providers when they
10
participate in, or engage with, those services;
11
(3) to create accountability and transparency
12
measures to diminish the likelihood that interactive
13
computer service providers are engaging in unfair or
14
deceptive practices;
15
(4) to encourage the development and use of
16
technologies that minimize illegal activities and con-
17
tent and potentially policy-violating content;
18
(5) to ensure that the consumer rights of users
19
of interactive computer services are maintained and
20
extended to activities that the users may participate
21
in online; and
22
(6) to hold interactive computer service pro-
23
viders accountable, and exempt them from immunity
24
protections under section 230 of the Communica-
25
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•S 483 IS
tions Act of 1934 (commonly known as ‘‘section 230
1
of the Communications Decency Act of 1996’’) (47
2
U.S.C. 230), when they help develop illegal content
3
or contribute to illegal content or conduct online.
4
SEC. 5. TRANSPARENCY AND PROCESS REQUIREMENTS.
5
(a) ACCEPTABLE USE POLICY.—
6
(1) PUBLICATION
OF
ACCEPTABLE
USE
POL-
7
ICY.—A provider of an interactive computer service
8
shall publish an acceptable use policy in accordance
9
with paragraph (2) in a location that is easily acces-
10
sible to the user.
11
(2) CONTENTS OF POLICY.—The acceptable use
12
policy of a provider of an interactive computer serv-
13
ice shall—
14
(A) reasonably inform users about the
15
types of content that are allowed on the inter-
16
active computer service;
17
(B) explain the steps the provider takes to
18
ensure content complies with the acceptable use
19
policy;
20
(C) explain the means by which users can
21
notify the provider of potentially policy-violating
22
content, illegal content, or illegal activity, which
23
shall include—
24
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•S 483 IS
(i) subject to subsection (e), making
1
available a live company representative
2
through a toll-free telephone number dur-
3
ing regular business hours for not fewer
4
than 8 hours per day and 5 days per week
5
to assist users with the process of making
6
a complaint;
7
(ii) an email address or relevant in-
8
take mechanism to handle user complaints;
9
and
10
(iii) subject to subsection (e), a com-
11
plaint system described in subsection (b);
12
and
13
(D) include publication of a biannual
14
transparency report outlining actions taken to
15
enforce the policy, as described in subsection
16
(d).
17
(b) COMPLAINT SYSTEM.—Subject to subsection (e),
18
a provider of an interactive computer service shall provide
19
a system that is easily accessible to a user through which
20
the user may submit in good faith, and track, a complaint
21
regarding any content or activity on the interactive com-
22
puter service, including a complaint regarding—
23
(1) potentially policy-violating content, illegal
24
content, or illegal activity; or
25
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•S 483 IS
(2) a decision of the interactive computer serv-
1
ice provider to remove content posted by the infor-
2
mation content provider.
3
(c) PROCESSING OF COMPLAINTS.—
4
(1) COMPLAINTS
REGARDING
ILLEGAL
CON-
5
TENT, ILLEGAL ACTIVITY, OR POTENTIALLY POLICY-
6
VIOLATING CONTENT.—
7
(A) ILLEGAL CONTENT OR ILLEGAL ACTIV-
8
ITY.—
9
(i) IN
GENERAL.—Subject to sub-
10
section (e), and except as provided in
11
clause (ii), if a provider of an interactive
12
computer service receives notice of illegal
13
content or illegal activity on the interactive
14
computer service that substantially com-
15
plies with the requirements under para-
16
graph (3)(C)(ii) of section 230(c) of the
17
Communications Act of 1934 (47 U.S.C.
18
230(c)), as added by section 6(a), the pro-
19
vider shall remove the content or stop the
20
activity not later than 4 days after receiv-
21
ing the notice, subject to reasonable excep-
22
tions, including concerns about the legit-
23
imacy of the notice.
24
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•S 483 IS
(ii) TIMELINE
FOR
NOTICE
EMA-
1
NATING FROM DEFAULT JUDGMENTS AND
2
STIPULATED AGREEMENTS.—If a notice of
3
illegal content or illegal activity described
4
in clause (i) emanates from a default judg-
5
ment or stipulated agreement, that clause
6
shall be applied by substituting ‘‘10 days’’
7
for ‘‘4 days’’.
8
(B) POTENTIALLY POLICY-VIOLATING CON-
9
TENT.—Subject to subsection (e), if a provider
10
of an interactive computer service receives a
11
complaint made in good faith through the com-
12
plaint system of the provider established under
13
subsection (b) regarding potentially policy-vio-
14
lating content on the interactive computer serv-
15
ice, the provider shall, not later than 14 days
16
after receiving the complaint—
17
(i) review the content;
18
(ii) determine whether the content ad-
19
heres to the acceptable use policy of the
20
provider; and
21
(iii) initiate appropriate steps based
22
on the determination made under clause
23
(ii), subject to reasonable extensions in
24
cases requiring extraordinary investigation.
25
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•S 483 IS
(2) PROCESS AFTER REMOVAL OF CONTENT.—
1
(A) REMOVAL
BASED
ON
USER
COM-
2
PLAINT.—
3
(i) IN
GENERAL.—Subject to clause
4
(ii), if a provider of an interactive com-
5
puter service removes potentially policy-vio-
6
lating content based on a user complaint,
7
the provider of the interactive computer
8
service shall, concurrently with the re-
9
moval—
10
(I) notify the information content
11
provider and the complainant of the
12
removal and explain why the content
13
was removed;
14
(II) allow the information content
15
provider to appeal the decision; and
16
(III) notify the information con-
17
tent provider and the complainant
18
of—
19
(aa) the determination re-
20
garding the appeal under sub-
21
clause (II); and
22
(bb) in the case of a reversal
23
of the decision to remove the con-
24
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•S 483 IS
tent in question, the reason for
1
the reversal.
2
(ii) EXCEPTIONS.—A provider of an
3
interactive computer service shall not be
4
required to provide an information content
5
provider with notice or an opportunity to
6
appeal under clause (i) if—
7
(I) the provider of the interactive
8
computer service is unable to contact
9
the information content provider after
10
taking reasonable steps to do so; or
11
(II)(aa) the provider of the inter-
12
active computer service reasonably be-
13
lieves that such notice would risk im-
14
minent harm to any person or impede
15
law enforcement activities; or
16
(bb) a law enforcement agency,
17
based on a reasonable belief that such
18
notice would interfere with an ongoing
19
investigation, requests that the pro-
20
vider of the interactive computer serv-
21
ice not provide such notice.
22
(B) REMOVAL BASED ON MODERATION DE-
23
CISIONS OF INTERACTIVE COMPUTER SERVICE
24
PROVIDER.—If a provider of an interactive com-
25
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•S 483 IS
puter service receives notice, through a com-
1
plaint from the information content provider,
2
that the provider of the interactive computer
3
service removed content of the information con-
4
tent provider that the information content pro-
5
vider believes does not violate the acceptable
6
use policy of the provider of the interactive
7
computer service, the provider of the interactive
8
computer service shall, not later than 14 days
9
after receiving notice—
10
(i) review the content;
11
(ii)
[Text truncated for display. Full text available on Congress.gov.]