Sen. Ed Markey (D-Mass.) and Rep. Doris Matsui (D-Calif.) have reintroduced a bill to boost online content moderation transparency and prevent algorithmic discrimination.

The bill was originally introduced in 2021. It failed to gain traction, but the D.C. heat on Big Tech has only ramped up since then.

Among other things, the Algorithmic Justice and Online Platform Transparency Act would prevent algorithms that exclude certain people from seeing online advertising — racial minorities for housing ads, for example, or certain gender identities from job ads.

“The legislation would ban harmful algorithms, bolster transparency by holding websites accountable for their content amplification and moderation practices, and commission a cross-government investigation into discriminatory algorithmic processes throughout the economy,” Markey’s office said Thursday (July 13).

“Congress must hold Big Tech accountable for its black-box algorithms that perpetuate discrimination, inequality and racism in our society,” Markey said.

“Harmful content continues to proliferate online, and online platforms are making conscious efforts to spread it through their algorithms,” Matsui said.

Specifically, the bill would:

1. “Prohibit algorithmic processes on online platforms that discriminate on the basis of race, age, gender, ability and other protected characteristics.
2. “Establish a safety and effectiveness standard for algorithms, such that online platforms may not employ automated processes that harm users or fail to take reasonable steps to ensure algorithms achieve their intended purposes.
3. “Require online platforms to describe to users in plain language the types of algorithmic processes they employ and the information they collect to power them.
4. “Require online platforms to maintain detailed records describing their algorithmic process for review by the Federal Trade Commission (FTC), in compliance with key privacy and data de-identification standards.
5. “Require online platforms to publish annual public reports detailing their content moderation practices.
6. “Create an inter-agency task force comprised of entities including the FTC, Department of Education, Department of Housing and Urban Development, Department of Commerce, and Department of Justice, to investigate the discriminatory algorithmic processes employed in sectors across the economy.“

Among those backing the bill's reintroduction, according to Markey, include Center for Digital Democracy, Color of Change, Common Cause, Common Sense Media, and Consumer Reports. 

In the wake of the revelations by a Facebook whistleblower and allegations about the company’s internal research about the impact of its platforms on young people, House Energy & Commerce Committee leaders have proposed a bill that targets “reckless” use of algorithms by limiting Section 230.

Former Facebook staffer Frances Haugen testified about the documents before the committee at a heated hearing that prompted legislators to suggest it was Big Tech‘s Big Tobacco moment.

Section 230 is the add-on to the 1996 Communications Decency Act that provides web platforms immunity from civil liability for what appears on their platforms.

Also Read: Rep. Eshoo Pushes for Subpoena of Facebook Documents

While there has been bipartisan criticism of Facebook, the legislators unveiling the bill are all Democrats: Energy and Commerce Committee chairman Frank Pallone Jr. (D-N.J.), Communications Subcommittee chairman Mike Doyle (D-Pa.) and Consumer Protection Subcommittee chair Jan Schakowsky (D-Ill.).

The bill, the Justice Against Malicious Algorithms Act, would remove absolute immunity for an edge provider that “knowingly or recklessly uses an algorithm or other technology to recommend content that materially contributes to physical or severe emotional injury.”

The bill does not apply to “small” online platforms, which are defined as fewer than five million unique monthly visitors, or to algorithms or search features that aren't based on personalization, or to infrastructure like Web hosting or data transfer or storage.

The big issue with Facebook‘s internal research was that it showed that some teens said Instagram made them feel worse about themselves and even contributed to thoughts of suicide. Facebook countered that the research found that a majority of kids did not feel that way, and that the info helped them take actions to help those who did.

But Congress has not been assuaged, arguing that Facebook has not done nearly enough, while keeping that research under wraps and downplaying the negative results.

“Social media platforms like Facebook continue to actively amplify content that endangers our families, promotes conspiracy theories, and incites extremism to generate more clicks and ad dollars,” Pallone said. “These platforms are not passive bystanders — they are knowingly choosing profits over people, and our country is paying the price. The time for self-regulation is over, and this bill holds them accountable. Designing personalized algorithms that promote extremism, disinformation, and harmful content is a conscious choice, and platforms should have to answer for it.”

Added Doyle: “We finally have proof that some social media platforms pursue profit at the expense of the public good, so it’s time to change their incentives, and that’s exactly what the Justice Against Malicious Algorithms Act would do. Under this bill, Section 230 would no longer fully protect social media platforms from all responsibility for the harm they do to our society. It’s my hope that by making it possible to hold social media platforms accountable for the harm they cause, we can help optimize the internet’s impact on our society.”

Sens. Ed Markey (D-Mass.) and Doris Matsui (D-Calif.) have introduced a bill to boost online content moderation transparency and prevent algorithmic discrimination, with Markey saying it was time to "open up Big Tech's hood."

Facebook, for one, has been calling for legislation on transparency.

Among other things, the Algorithmic Justice and Online Platform Transparency Act of 2021 would prevent algorithms that exclude certain people from seeing online advertising--racial minorities for housing ads, for example, or certain gender identities from job ads.

“As we work to eliminate injustice in our society, we cannot ignore the online ecosystem. It is time to open up Big Tech’s hood, enact strict prohibitions on harmful algorithms, and prioritize justice for communities who have long been discriminated against as we work toward platform accountability," said Markey.

Specifically, according to Markey's office, the bill would:

1. "Prohibit algorithmic processes on online platforms that discriminate on the basis of race, age, gender, ability and other protected characteristics.

2. "Establish a safety and effectiveness standard for algorithms, such that online platforms may not employ automated processes that harm users or fail to take reasonable steps to ensure algorithms achieve their intended purposes.

3. "Require online platforms to describe to users in plain language the types of algorithmic processes they employ and the information they collect to power them.

4. "Require online platforms to maintain detailed records describing their algorithmic process for review by the Federal Trade Commission (FTC), in compliance with key privacy and data de-identification standards.

5. "Require online platforms to publish annual public reports detailing their content moderation practices.

6. "Create an inter-agency task force comprised of entities including the FTC, Department of Education, Department of Housing and Urban Development, Department of Commerce, and Department of Justice, to investigate the discriminatory algorithmic processes employed in sectors across the economy."

Facebook took some heat in the announcement. "While media investigations have uncovered evidence that Facebook failed to abide by its commitment to stop using its algorithms to recommend political groups to users ahead of the 2020 election, and that the company similarly failed to take down content from a dangerous conspiracy theorist who the platform previously banned," Markey's office said, "many more examples may never have been uncovered."

The senators said that a "comprehensive review" of algorithms and their potential discriminatory impact on everything from healthcare to financial services to employment and higher education is called for.

The Senate Communications Subcommittee is looking into the use of "persuasive technology" on internet platforms, which is another way of saying the impact of algorithmic decisionmaking and machine learning on the influence of those platforms on the public.

Subcommittee chairman John Thune (R-S.D.) has scheduled the hearing for May 21.

The witnesses, which includes Google's director of user experience, are expected to provide input on how those technologies are used to "dictate outcomes" and whether there needs to be more transparency about those algorithms.

Witnesses scheduled to testify are: Maggie Stanphill, director, Google User Experience; Dean Eckles, assistant professor of marketing, MIT Sloan School of Management; Tristan Harris, co-founder and executive director, Center for Humane Technology; and Jason Hreha, former Head of Behavioral Science, for Walmart.