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

Press Release

U.S. Senator Ben Ray Luján (D-N.M.) introduced the Protecting Americans from Dangerous Algorithms Act (PADAA) to hold large social media companies accountable for using computer algorithms that promote harmful and dangerous content that leads to offline violence. U.S. Representatives Tom Malinowski (D-N.J.) and Anna G. Eshoo (D-Calif.) introduced companion legislation in the U.S. 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 in to law to protect newly established civil rights under the 14th 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.

In testimony before the U.S. Senate and in answers to questions, Facebook whistleblower Frances Haugen said, "My fear is that without action, divisive, and extremist behaviors we see today are only the beginning." Ms. Haugen maintained that social media's current use of algorithms is a "national security issue." She testified the platform is aware of "active participation" of "the Iran government doing espionage on other state actors … This is definitely a thing that is happening," she said during testimony on Tuesday, October 5, 2021. "And I believe Facebook's consistent understaffing of the counter-espionage information operations and counterterrorism teams is a national security issue."

"It is nothing short of dangerous that social media companies can profit off extremist and misleading content that endangers the lives and well-being of Americans. This content promoted by social media companies' algorithms is sewing division, peddling deadly conspiracies and hoaxes, and leading to violence," said Luján. "This is unacceptable, and there is widespread recognition that Congress must do more to hold social media companies accountable. Our democracy and national security are at stake."

"The documents released by the courageous Facebook whistleblower confirmed what we've long known: that Facebook's algorithms amplify harmful content that leads to offline violence, and that it knows how to fix the problem, but will not do so for fear it would hurt the bottom line," said Rep. Malinowski. "I'm thrilled that this legislation, which I first introduced with Representative Eshoo in 2020, now has a Senate champion. It's the first bill that would incentivize social media companies to change the engagement-based algorithms that are dividing and radicalizing Americans, and I look forward to working with Senator Luján to move it forward."

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