How HR 492 changes current law

Biased Algorithm Deterrence Act of 2019 · United States

How this bill changes current law

2 changes

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to classify social media operators that alter the display of user-generated content as publishers or speakers of that content under specific conditions.

  • 47 U.S.C. § 230(c)

    (3) Exception.-- (A) In general.--Notwithstanding paragraph (1), an owner or operator of a social media service that displays user-generated content in an order other than chronological order, delays the display of such content relative to other content, or otherwise hinders the display of such content relative to other content, if for a reason other than to restrict access to or availability of material described in paragraph (2)(A) or to carry out the direction of the user that generated such content, shall be treated as a publisher or speaker of such content. (B) Use of algorithms.--If an algorithm of a social media service is used to engage in an action related to user-generated content that is described in subparagraph (A), such action shall be considered to be the action of the owner or operator of the social media service.

    This change means that social media services can be held liable for the content they display if they manipulate that content in certain ways.

  • 47 U.S.C. § 230(f)

    (5) Social media service.--The term `social media service' means any interactive computer service provided over the internet that connects users for the purpose of such users engaging in dialogue, sharing information, collaborating, or otherwise interacting. (6) User-generated content.--The term `user-generated content' means content that is supplied on a social media service by an information content provider who is a user of such service. (7) Algorithm.--The term `algorithm' means a computer program that performs any action described in subparagraph (A), (B), or (C) of paragraph (4).

    These definitions clarify what constitutes a social media service, user-generated content, and algorithms in the context of the law.

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