Technology Transparency — The Bill Requires Large Scale ($100m Revenue or 100m Users) Social Media Platforms to: Publish Standards

Summary

The Technology Transparency bill requires large scale ($100m revenue or 100m users) social media platforms to publish standards for determining whether to censor or ban posts or deplatform users, apply those standards consistently, and give users written notice within 30 days if content is censored or a user is deplatformed. Platforms must let deplatformed users retrieve all user data for at least 60 days. Each violation is a violation of the Florida Deceptive and Unfair Trade Practices Act; the Florida Attorney General may collect a civil penalty of no more than $10,000 per violation, and a user may bring an action with damages up to $100,000 per claim. The bill also requires the Elections Commission to fine a platform that deplatforms an official political candidate.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                                      Technology Transparency
The bill requires large scale ($100m revenue or 100m users) social media platforms to:

    1. Publish standards, including detailed definitions, used for determining whether to censor or ban posts or
        deplatform users, including standards for “shadow banning”.
    2. Consistently apply its published standards to censor or deplatform users.
    3. Inform users about changes to rules, agreements and terms, and obtain consent, prior to implementation of
        such changes. Prohibit changing standards more than every 30 days.
    4. Provide written notice to users within 30 days if the social media platform censors user content or deplatforms
        a user. The notice must contain a detailed explanation.
    5. Inform users about the number of other users who were actually provided or shown such users posts or
        content and allow users to request information on how such determinations are made.
    6. Allow deplatformed users to retrieve all user information and data for at least 60 days.
    7. Allow users to opt-out of the use of individual types of algorithms, including those related to post-
        prioritization/shadow banning, thus allowing sequential posts.
    8. Provide an annual notice of the use of algorithms, including post-prioritization/shadow banning algorithms, and
        reoffer the opportunity to opt-out of the use of individual types of algorithms.
    9. Exempt any post by a candidate or any post about a candidate from post-prioritization/shadow banning
        algorithms starting on the date of qualification through the date of the election.
    10. Provide equal access for news source content from established journalistic enterprises unless prioritized
        placement is sponsored by the journalistic enterprise.

The bill makes each violation of these requirements a violation of the Florida Deceptive and Unfair Trade Practices Act
(FDUTPA). The Florida Attorney General (AG) may bring action for any violation of FDUPTA and may collect a civil
penalty for each violation of no more than $10,000. A user may bring an action if the social media platform fails to
consistently apply standards used to censor or deplatform users or fails to provide the required written notice within 30
days. Damages are provided up to $100,000 per claim, including attorney’s fees for deplatforming without cause, and
actual and punitive damages depending on circumstances.

The bill ensures that the AG has subpoena power needed to obtain information, including algorithms, from social media
platforms to investigate violations. The tied public records bill also includes a public records exemption for active
investigations.

The bill temporarily prevents social media platforms from being considered as a contracting partner with state
government if the AG determines that certain anti-trust violations are likely to have occurred. It also permanently bans
those companies from contracting with the state that are found guilty of such anti-trust violations. Existing state
contracts can be maintained.

The bill bans state and local governments from offering economic development financial incentives to companies that
are determined by the AG to be in violation of anti-trust laws.

The bill requires the Elections Commission to fine a social media platform for deplatforming an official political
candidate for office in Florida ($100,000 a day for statewide candidates and $10,000 per day for other candidates), if the
candidate is deplatformed at any time starting on the date of qualification through the date of the election. The bill also
requires social media platforms that provide free advertising for a candidate to report such advertising as an in-kind
contribution to the candidate under state election laws.

The bill provides for severability. It also provides that it is only effective as far as it does not violate federal law.


File and source

File

2021_3098_commerce-committee_general-publications_fn-technology-transparency-workshop-summary.pdf

Size

430,649 bytes

SHA-256

2f6cf6f10914f477a5e0d9c451190a5477c3eedabab4d78fabebe64612098694

Our copy

2021_3098_commerce-committee_general-publications_fn-technology-transparency-workshop-summary.pdf

Original

www.flhouse.gov