A duty of care would be established for specific algorithms deployed by social media companies and would hold them accountable for harms caused by the content pushed by their algorithmic feeds under a bipartisan bill introduced on Nov. 18 by U.S. Sen. John Curtis (R-UT).
The Algorithm Accountability Act, S. 3193, which Sen. Curtis sponsored alongside lead original cosponsor U.S. Sen. Mark Kelly (D-AZ), would amend Section 230 of the Communications Decency Act of 1996 to impose this duty of care on the companies that utilize recommendation-based algorithms.
“Section 230 was written nearly 30 years ago for a very different internet,” Sen. Curtis said. “What began as a common-sense protection for a fledgling industry has grown into a blanket immunity shield for some of the most powerful companies on the planet — companies that intentionally design algorithms that exploit user behavior, amplify dangerous content, and keep people online at any cost.”
“Our bill will hold them accountable,” added the lawmaker.
The duty of care required under the proposed bill would require platforms to responsibly design, train, test, deploy, operate, and maintain their recommendation-based algorithm to prevent foreseeable bodily injury or death.
It also would give injured individuals a clear civil right of action to seek relief in federal court, according to a bill summary provided by Sen. Curtis.
The bill is supported by Utah Gov. Spencer Cox, Utah Attorney General Derek Brown, the Utah Department of Commerce, Arizona Attorney General Kris Mayes, The Alexander Neville Foundation, Parents RISE!, and Count on Mothers, among others.
“Utah has led the nation in passing laws to protect children from the harms of social media, but these challenges don’t stop at state lines,” Gov. Cox said. “We need a national standard for accountability. I fully support Senator Curtis’ Algorithm Accountability Act. By establishing a duty of care for social media platforms, this bill will help protect families across the country from the deceptive and addictive algorithmic designs that put profit above people.”