S1801-118

1. Short title; table of contents This Act may be cited as the Language-Inclusive Support and Transparency for Online Services Act of 2023 or the LISTOS Act. The table of contents of this Act is as follows:

2. Sense of Congress It is the sense of Congress that— substantial and deliberate investments across languages are essential to protect the safety of users online and ensure equitable access to digital spaces; online platforms have historically under-invested in ensuring non-English content moderation and automated content detection and filtering processes keep pace with their English counterparts, providing little transparency into the efficacy of efforts to detect, review, and remove content that violates laws or platform policies across languages; this difference in enforcement for platforms' existing policies and uneven moderation practices across both manual and automated processes has increased the proliferation of illegal and harmful content across many languages and the deliberate targeting of non-English-speaking communities for fraud and harassment; and any reform effort for online platform safety must ensure equitable investment across languages in order to promote economic opportunity, public health, and civil rights.

3. Duty to ensure consistent enforcement The operator of a covered platform shall provide that processes used by the platform for detecting, suppressing, and removing illegal content, or content that otherwise violates platform policies, are reasonably consistent for languages in which the covered platform engages in monetization practices. Any entity enforcing or promulgating rules under subsection (a) shall take into consideration factors that may impact the covered platform's ability to enforce its policies with respect to content in a given language, including staffing levels and language proficiency, or the effectiveness of automated systems designed to filter or flag content for additional review. Nothing in this section shall be construed to require, and no regulation issued by the Commission to carry out this section may require, that a covered platform take any particular action on a specific piece of content or class of content.

4. Disclosures on staffing and automated processes The operator of a covered platform shall, not less than annually, submit to the Commission and make available to the public, in a machine-readable format, a clear and easily comprehensible report on any manual and algorithmic content moderation that the covered platform engaged in during the relevant period. Each such report shall be in compliance with the rules established under subsection (b). The Commission shall, in accordance with section 8, establish rules for reports under subsection (a). Such rules shall require that a report include the following information: The number of staff employed by the covered platform (whether directly employed by the platform or contracted through a third party) for the purposes of manually reviewing content for removal or other interventions, in aggregate and broken down by— the countries in which the employees are located; the geographic or regional area to which the employees are assigned; and languages spoken by the employees relevant to their employment and their levels of language proficiency. A description of the training and support provided to content moderation staff, including— the training processes and guidelines provided; the support services, such as mental health services, available to the employee; and if training or support services differ by factors such as geographic region, languages spoken, or direct-hire versus contracted employees, descriptions and breakdowns of such differences. If the covered platform elects to use algorithmic processes to detect content for additional manual review or automated decision-making for content moderation, information on such processes, including— performance metrics that are monitored to ensure consistent behavior for such processes across languages and the languages that are monitored; and other safeguards in place to ensure consistent behavior of such systems across languages. The list of languages in which the covered platform engages in monetization practices and the percentage breakdown by language of the covered platform's revenue throughout the duration of the relevant reporting period. Of all content that is manually reviewed by staff, provide information on content that is reviewed in the original language used to create the content rather than being subject to automated translation before review, including— the percentage of content reviewed in the original language for each language in which the covered platform engages in monetization practices; and a description of the policies governing whether and to what extent content will be manually reviewed in the original language or automatically translated prior to manual review. With respect to the content review practices of the covered platform— the list of languages in which content is reviewed without translation; and for languages in which automated translation is applied prior to manual review, a description of— the process by which content is translated; and the process by which that content is reviewed and how, if at all, that process differs from the process used to review content in the original language. The number of content takedowns over the relevant reporting period for each language in which the covered platform engages in monetization practices. The average response time to user-initiated takedown or content review requests over the relevant reporting period for each language in which the covered platform engages in monetization practices. Other information determined appropriate by the Commission, including additional categories or criteria relevant to the information described in paragraphs (1), (2), and (4).

5. Consistent access to tools and documentation The operator of a covered platform shall— provide that all user tools for reporting content for review or automated action are accessible across all languages in which the covered platform offers its service; and post all platform policies and other information concerning acceptable use of the covered platform in the same manner for all languages in which the platform offers its service.

6. Advisory Group Not later than 360 days after the date of enactment of this Act, the Commission shall establish a group to be known as the Advisory Group on Language-Sensitive Technologies (referred to in this section as the Advisory Group). The Advisory Group shall provide consensus advice and guidance to the Commission on best practices for private enterprises or public entities using covered technology that may have different performance outcomes depending on the underlying language of the content being analyzed in order to ensure the nondiscriminatory application of such technology. For purposes of paragraph (1), the term covered technology means technology used to— detect and process input language from sources, such as analog text and audio, into a machine-readable format, such as speech and optical character recognition; process or generate language stored in a machine-readable format, such as natural language processing, including large language models; detect and process images and videos into a machine-readable format, or process images or videos stored in a machine-readable format; and make automated decisions related to content removal, ranking, or presentation to a user of an online platform. The Commission shall appoint the members of the Advisory Group. In making such appointments, the Commission shall provide that the membership of the Advisory Group— includes different points of view and background experience; and includes both Federal employees and non-Federal employee stakeholders, including representatives of communities most impacted by the systemic risks of harmful non-English language content and current or former content moderators and employees of covered platforms. The Commission shall make available on its website the findings of the Advisory Group with recommendations and best practices as reported by the Advisory Group concerning the use of covered technology. Chapter 10 of title 5, United States Code, shall not apply to the Advisory Group. There is authorized to be appropriated to the Advisory Group such sums as are necessary to carry out the requirements of this section.

7. Enforcement A violation of section 3, 4, or 5 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 3, 4, or 5 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 or 5 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— to enjoin further violation of such section by such person; to compel compliance with such section; and to obtain damages, restitution, or other compensation on behalf of such residents. The attorney general of a State may not bring a civil action under this subsection against a person for a violation of section 3 or 5 if the Commission would not be able to bring an enforcement action against the person for such violation under subsection (a) because the person is exempt from coverage under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. The Commission may— intervene in any civil action brought by the attorney general of a State under paragraph (1); and upon intervening— be heard on all matters arising in the civil action; and file petitions for appeal. Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. If the Commission institutes a civil action or an administrative action with respect to a violation of section 3 or 5, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. Any action brought under paragraph (1) may be brought in— the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or another court of competent jurisdiction. In an action brought under paragraph (1), process may be served in any district in which the defendant— is an inhabitant; or may be found. In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.

8. Regulations The Commission shall, pursuant to section 553 of title 5, United States Code promulgate— regulations to carry out the provisions of sections 3 and 4; and such other regulations as the Commission determines necessary to carry out the provisions of this Act. The Commission shall begin the rulemaking process for promulgating regulations to carry out the provisions of sections 3 and 4 not later than 120 days after the date of enactment of this Act.

9. Effective dates The requirements of sections 3 and 4 shall take effect 120 days after the promulgation by the Commission of regulations to carry out such sections, and the requirements of section 5 shall take effect 120 days after the date of enactment of this Act.

11. Definitions In this Act: The term Commission means the Federal Trade Commission. The term covered platform means a website, internet application, or mobile internet application that— allows users to create, share, view, or search for and access user-generated or third-party content, including a social media platform, online search engine, and a service with direct or group messaging capabilities; and has had at least 10,000,000 monthly active users for 3 or more of the past 12 months within the United States. The term monetization practices means any avenues through which a covered platform might garner revenue, including accepting monetary, in-kind, or other compensation— in exchange for displaying or amplifying specific content; or from businesses or other entities to utilize the covered platform as a means to find, charge, or communicate with customers. The term platform policies means any terms, conditions, and clauses, regardless of their name or form, which govern the contractual relationship between a covered platform and a user, or any community guidelines that a covered platform maintains that govern conduct on the covered platform.