Protecting Americans from Dangerous Algorithms

Reps Anna Eshoo (D-CA-18) and Tom Malinowski (D-NJ-7) introduced 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. 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 and 1986 are Reconstruction-era statutes originally designed to reach Ku Klux Klan conspirators, and are central to a recent suit alleging Facebook facilitated militia violence in Kenosha, WI. 18 U.S.C. 2333 is implicated in several lawsuits, including an earlier suit against Facebook, alleging its algorithm connected terrorists with one another and enabled physical violence against Americans. The bill only applies to platform companies with 50 million or more users.