Reps. Malinowski and Eshoo Reintroduce Bill to Hold Tech Platforms Accountable for Algorithmic Promotion of Extremism

Press Release

Today, Congressman Tom Malinowski (NJ-7) and Congresswoman Anna G. Eshoo (CA-18) reintroduced the Protecting Americans from Dangerous Algorithms Act, legislation to hold large social media platforms accountable for their algorithmic amplification of harmful, radicalizing content that leads to offline violence. They were joined by Representatives Sean Casten, Jason Crow, Suzan DelBene, Mark DeSaulnier, Ted Deutch, Sara Jacobs, Barbara Lee, Joe Neguse, Dean Phillips, Haley Stevens, Debbie Wasserman Schultz, and Peter Welch as cosponsors.

The bill narrowly amends Section 230 of the Communications Decency Act to remove liability immunity for a platform if its algorithm is used to amplify or recommend content directly relevant to a case involving interference with civil rights (42 U.S.C. 1985); neglect to prevent interference with civil rights (42 U.S.C. 1986); and in cases involving acts of international terrorism (18 U.S.C. 2333). 42 U.S.C. 1985-1986 are Reconstruction-era statutes originally designed to reach Ku Klux Klan conspirators. They have been invoked in recent lawsuits against the Proud Boys, the Oath Keepers, and others following the attack on the Capitol on January 6th. The third statute (18 U.S.C. 2333) is implicated in several lawsuits, including against Facebook, alleging its algorithm connected Hamas terrorists with one another and enabled physical violence against Americans. The bill only applies to platform companies with 10 million or more users.

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