In this Act:
1. Commission means the Federal Trade Commission.
2. Covered digital attention platform means an online service, website, application, or connected digital environment that:
(A) is operated for profit or commercial advantage;
(B) distributes, recommends, ranks, amplifies, monetizes, or enables public or semi-public sharing of user-generated content, creator content, news content, paid content, or synthetic media;
(C) uses a recommender system, personalized ranking system, trending system, paid amplification system, creator monetization program, advertising exchange, or engagement-based distribution mechanism; and
(D) meets the threshold under section 202.
3. Covered digital attention revenue means gross revenue derived from digital advertising, paid amplification, sponsored content placement, creator monetization intermediation, subscription products tied to algorithmic distribution, data-driven targeting, recommender-system monetization, or other commercial use of attention, engagement, reach, impressions, or user profiling in the United States.
4. Covered recommender system means any computational process, including a machine-learning model, ranking model, rules-based ranking system, trending system, retrieval system, or hybrid system, that selects, orders, prioritizes, suggests, promotes, demotes, queues, autoplays, or otherwise distributes content to users based in whole or substantial part on predicted relevance, predicted engagement, user behavior, user profiling, content features, social graph, payment, or platform objectives.
5. High-distribution content means public or semi-public content that, during a measurement period established by rule, receives impressions, views, shares, forwards, reposts, paid impressions, recommendations, or other distribution exceeding the greater of:
(A) 500,000 United States user impressions in 24 hours;
(B) 2,000,000 United States user impressions in 7 days; or
(C) a platform-specific distribution threshold established by the Commission that captures not more than the top 0.5 percent of distributed content on the platform.
6. High-velocity redistribution event means a content distribution pattern in which a discrete item of content is reshared, reposted, forwarded, quoted, stitched, remixed, or otherwise redistributed at a rate exceeding thresholds established under title IV, without regard to viewpoint, ideology, topic, or truthfulness.
7. Monetized account means an account, page, channel, publisher profile, creator profile, or other user-controlled presence that receives or is eligible to receive compensation, revenue share, gifts convertible to money, bonuses, subscriptions, tips, paid amplification, advertising proceeds, or other financial benefit from a covered platform based substantially on content distribution, engagement, audience size, or user attention.
8. Synthetic media means image, audio, video, or audiovisual content that has been generated or materially altered by artificial intelligence, machine learning, generative software, voice cloning, face swapping, digital rendering, or similar computational means in a manner that materially affects a reasonable viewer’s understanding of the depicted speaker, event, source, or scene.
9. High-impact synthetic media means synthetic media that materially appears to depict:
(A) a real identifiable person saying or doing something that the person did not say or do;
(B) a public official, candidate, journalist, emergency responder, medical professional, law-enforcement officer, court officer, military officer, or corporate officer acting in an official or professional capacity;
(C) a disaster, violent event, public-health emergency, military event, election administration event, financial event, judicial proceeding, or governmental action; or
(D) a product, service, consumer transaction, health claim, investment claim, or endorsement in commerce.
10. Provenance metadata means metadata, cryptographic credentialing, watermarking, fingerprinting, signed history, or other technical information indicating the origin, source, creation method, edit history, synthetic status, or chain of custody of digital media.
11. Sharing friction means a content-neutral user-interface step that requires a user to pause, open, view, read, confirm, or otherwise acknowledge a neutral distribution prompt before redistributing content. Sharing friction does not include removal, suppression, de-amplification, shadow banning, viewpoint classification, or blocking access to lawful content.
12. Vetted researcher means a researcher affiliated with a nonprofit institution, institution of higher education, public-interest research organization, newsroom research unit, or governmental statistical agency who is approved under title VIII.
13. Public-interest journalism means the gathering, verification, production, publication, or distribution of newsworthy information concerning civic affairs, local communities, government, courts, schools, public health, public safety, labor, business, science, environment, culture, infrastructure, or other matters of public concern, without regard to viewpoint.
(a) Threshold. A platform shall be a covered digital attention platform if, during any 3 months in the preceding calendar year, it:
1. had not fewer than 50,000,000 monthly active users in the United States;
2. had not fewer than 10,000,000 monthly active users in the United States and not less than $1,000,000,000 in annual covered digital attention revenue; or
3. is designated by the Commission after notice and opportunity to respond because it has substantial national distribution power, substantial monetized content reach, and material use of recommender systems affecting interstate commerce.
(b) Designation List. The Commission shall publish and update not less than annually a list of covered digital attention platforms.
(c) Petition for Review. A platform may petition the Commission for reconsideration of designation. A final designation shall be reviewable in the United States Court of Appeals for the District of Columbia Circuit.
(a) Registration. Each covered platform shall register with the Commission not later than 120 days after becoming subject to this Act.
(b) Chief Information Integrity Compliance Officer. Each covered platform shall designate a senior executive as Chief Information Integrity Compliance Officer.
(c) Duties. The officer shall have authority to oversee compliance with this Act, including:
1. transparency reporting;
2. sharing-friction systems;
3. provenance preservation;
4. synthetic media labeling systems;
5. monetization integrity;
6. researcher access;
7. audit response;
8. privacy and civil-rights safeguards.
(d) Independence. The officer shall report not less than quarterly to the board of directors or equivalent governing body.
(a) Board Committee. Each covered platform shall establish a board committee or equivalent governing mechanism responsible for oversight of obligations under this Act.
(b) Annual Certification. The chief executive officer and Chief Information Integrity Compliance Officer shall annually certify to the Commission that:
1. they have reviewed the platform’s compliance program;
2. the platform has implemented reasonable internal controls;
3. submitted reports are accurate in all material respects;
4. known material failures have been disclosed;
5. corrective action plans have been adopted for unresolved material failures.
(c) False Certification. A knowing false certification shall be treated as an unfair or deceptive act or practice and shall be subject to civil penalties under title XII.
(a) Exclusions. The term “covered digital attention platform” shall not include:
1. a small business concern;
2. a nonprofit discussion forum with fewer than 10,000,000 monthly active United States users;
3. an email, direct messaging, encrypted messaging, voice, or video-calling service to the extent the service is not used for public or semi-public algorithmic distribution;
4. a cloud storage, web-hosting, domain registration, payment processing, cybersecurity, or enterprise software provider acting only in that capacity;
5. a library, school, university, research network, or public archive acting primarily for educational, archival, or research purposes.
(b) No Evasion. A platform may not evade coverage by dividing substantially integrated services, accounts, applications, or corporate affiliates.