Sen. Rick Scott Introduces Legislation to Hold Big Tech Accountable, Keep Teens Safe

Senator Rick Scott (R-FL) reintroduced the Safe Social Media Act and the Data Algorithm and Transparency Agreement (DATA) Act to hold Big Tech companies accountable for the malicious content spread on their platforms and help keep teens safe while using social media. The Safe Social Media Act requires the Federal Trade Commission (FTC), in coordination with the CDC, to conduct a study on the effects of social media use among American teenagers and children. If signed into law, this bill will:

• Require FTC, in conjunction with the CDC, to conduct a study on social media use among individuals under the age of 18, and report:
  
  • What personal information is collected by social media platforms;
  • How their personal information is being used;
  • How often they use social media daily;
  • Differences in the use of social media for various age groups;
  • The mental health effects linked to the use of social media; and
  • Potential harmful effects from extended social media use.
• Require FTC to submit to Congress a report on the findings of the study, including any recommended policy changes based on such findings.

The DATA Act will increase transparency by requiring Big Tech platforms, like Facebook, Snapchat, and Twitter, to receive express consent to use Americans’ personal information. These companies are also gathering massive amounts of personal data – and users have little to no control over how their data is used. If signed into law, this bill will:

• Require any internet platform, with an active monthly user base of 30 million or more US users, that uses algorithms to increase or decrease the availability of content on its platform to:
  
  • Obtain user consent to collect data of the user’s preferences, habits, etc.;
  • Allow users to revoke or withdraw prior consent to data collection, and to request any user data previously collected be deleted or removed;
  • Obtain user consent to sell, share, or convey user data to a third-party entity;
  • Allow users to revoke or withdraw prior consent to sell, share, or convey the user’s data to a third-party entity;
  • Provide a plain language notice to users of the above requirements (in addition to any terms of service notifications), which will appear each login, unless affirmatively waived by the user.
• Establish a private right of action: if a platform provider violates any of these conditions, any individual user may file a federal lawsuit, and is entitled to minimum monetary damages of $5,000 per violation, plus any actual damages and attorney’s fees.