S. 3193

119 S3193 IS: Algorithm Accountability Act
 U.S. Senate
 2025-11-18
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3193  IN THE SENATE OF THE UNITED STATES   November 18, 2025   Mr. Curtis  (for himself and  Mr. Kelly ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To amend section 230 of the Communications Act of 1934 to limit liability protection under that section for certain social media platforms, and for other purposes.
1.
Short title
This Act may be cited as the   Algorithm Accountability Act  .
2.
Limitation of liability protection for certain social media platforms
(a)
In general
Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended—
(1)
by redesignating subsection (f) as subsection (g); and
(2)
by inserting after subsection (e) the following:
(f)
Algorithmic product design accountability
(1)
Duty of care in algorithmic design
(A)
In general
A provider of a social media platform shall exercise reasonable care in the design, training, testing, deployment, operation, and maintenance of a recommendation-based algorithm on the social media platform to prevent bodily injury or death described in subparagraph (B) that a reasonable and prudent person would agree was—
(i)
reasonably foreseeable by the provider; and
(ii)
attributable, in whole or in part, to the design characteristics or performance of the recommendation-based algorithm.
(B)
Covered bodily injury or death
Bodily injury or death described in this subparagraph, with respect to a social media platform, is bodily injury to or the death of a user of the social media platform, or bodily injury or death inflicted by a user of the social media platform upon another person, that arises from the operation of the recommendation-based algorithm.
(C)
Exception
(i)
In general
Subparagraph (A) shall not apply to the ranking, ordering, promotion, recommendation, amplification, or similar curation of content that is effectuated—
(I)
by sorting information chronologically or reverse chronologically; or
(II)
to respond to an individual search for content on the social media platform initiated by a user.
(ii)
Exception limited to initial search
Nothing in clause (i)(II) shall be construed to limit the applicability of subparagraph (A) to a provider of a social media platform, with respect to the activities of a recommendation-based algorithm, after a user of the social media platform navigates beyond the initially populated search results.
(D)
First Amendment protections
Nothing in subparagraph (A) shall be construed to authorize the Commission to enforce that subparagraph based on the viewpoint of a user of a social media platform or of an information content provider expressed by or through any speech, expression, or information protected by the First Amendment to the Constitution of the United States.
(2)
Enforcement
(A)
Loss of liability protection
Subsection (c)(1) shall not apply to a provider of a social media platform that violates paragraph (1)(A) of this subsection.
(B)
Private right of action
If a person suffers bodily injury or death as the result of a violation of paragraph (1)(A) by the provider of a social media platform, and the bodily injury or death meets the requirements under clauses (i) and (ii) of that paragraph and paragraph (1)(B), the person or, in the case of a minor or disabled person who suffers a bodily injury or any person who dies, the legal representative of such a person, may bring a civil action in a district court of the United States of competent jurisdiction against the provider for compensatory and punitive damages.
(3)
Invalidity of predispute agreements and waivers
(A)
In general
No predispute arbitration agreement or predispute joint-action waiver (as those terms are defined in section 401 of title 9, United States Code) shall be valid or enforceable with respect to a dispute arising under this subsection.
(B)
Applicability
Any determination as to the scope or manner of applicability of subparagraph (A) shall be made by a court, rather than an arbitrator, without regard to whether an agreement described in that subparagraph purports to delegate such determination to an arbitrator.
(4)
Relationship to other laws
Nothing in this subsection or any regulation promulgated thereunder shall be construed to prohibit or otherwise affect the enforcement of any Federal law or regulation or State law or regulation that is at least as protective of users of social media platforms as this subsection and the regulations promulgated thereunder.
(5)
Severability
If any provision of this subsection or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this subsection and the application of the provision to any other person or circumstance shall not be affected.
(6)
Definitions
In this subsection:
(A)
Recommendation-based algorithm
The term  recommendation-based algorithm  means, with respect to a user of a social media platform, a fully or partially automated system used to rank, order, promote, recommend, amplify, or similarly curate content, including other users, hashtags, or posts, based on the personal data of the user, including the preferences, interests, behavior, or characteristics of the user.
(B)
Social media platform
The term  social media platform —
(i)
means a for-profit interactive computer service that—
(I)
permits a user to establish an account or create a profile for the purpose of allowing the user to create, share, or view content through the account or profile; and
(II)
primarily serves as a service through which a user described in subclause (I) interacts with content; and
(ii)
does not include an interactive computer service—
(I)
that serves fewer than 1,000,000 registered users;
(II)
that is—
(aa)
an email program;
(bb)
an email distribution list;
(cc)
a wireless messaging service; or
(dd)
an online messaging service, the predominant or exclusive function of which is direct messaging, meaning messages are transmitted from the sender to a recipient and not posted within the interactive computer service or publicly;
(III)
that is a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with the entity;
(IV)
that is a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access; or
(V)
that is an internet-based platform whose primary purpose is—
(aa)
to allow users to post product reviews, business reviews, or travel information and reviews;
(bb)
internet commerce, which may include providing a comment section;
(cc)
to allow users to stream music, audiobooks, or podcasts; or
(dd)
news or sports coverage.
 .
(b)
Technical and conforming amendments
(1)
Trademark Act of 1946
Section 45 of the Act entitled  An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the  Trademark Act of 1946 ) ( 15 U.S.C. 1127 ), is amended, in the definition relating to the term  Internet , by striking  section 230(f)(1) of the Communications Act of 1934 ( 47 U.S.C. 230(f)(1) )  and inserting  section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) .
(2)
Title 18, United States Code
Section 2421A of title 18, United States Code, is amended—
(A)
in subsection (a), by striking  (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) ))  and inserting  (as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 )) ; and
(B)
in subsection (b), by striking  (as such term is defined in defined in section 230(f) the Communications Act of 1934 ( 47 U.S.C. 230(f) ))  and inserting  (as that term is defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) .
(3)
Webb-Kenyon Act
Section 3(b)(1) of the Act entitled  An Act divesting intoxicating liquors of their interstate character in certain cases , approved March 1, 1913 (commonly known as the  Webb-Kenyon Act ) ( 27 U.S.C. 122b(b)(1) ), is amended by striking  (as defined in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )  and inserting  (as defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 )) .
(4)
Title 31, United States Code
Section 5362(6) of title 31, United States Code, is amended by striking  section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) )  and inserting  section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) .