Sen Luján Introduces Legislation to Hold Tech Platforms Accountable for Algorithmic Promotion of Extremist Content

Sen Ben Ray Luján (D-NM) introduced the Protecting Americans from Dangerous Algorithms Act (S.3029) to hold large social media companies accountable for using computer algorithms that promote harmful and dangerous content that leads to offline violence. Reps Tom Malinowski (D-NJ) and Anna G Eshoo (D-CA) introduced companion legislation in the US House of Representatives. The bill narrowly amends Section 230 of the Communications Decency Act to remove liability immunity for a platform if it uses an algorithm 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 signed into law to protect newly established civil rights under the 14^th Amendment. These laws reaffirm that every person is not only required to treat citizens equally, but must provide equal protection of free speech and free expression from threats of violence and inequality. They have been invoked in recent lawsuits against domestic extremists. 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.