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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3010 By: Walke
AS INTRODUCED
An Act relating to technology; creating a new title;
enacting the Filter Bubble Transparency Act of 2022;
defining terms; regulating the operation of Internet
platforms that use an opaque algorithm; regulating
upstream providers and search syndication contracts ;
granting the Attorney General and district attorneys
the power to bring suit for violation of this act ;
granting courts the ability to enjoin or make orders
to prevent the violation of this act; creating a
civil penalty; providing for noncodification;
providing for codification; an d providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
In publishing the decennial Oklahoma Statu tes, and the
cumulative supplements after July 1, 2022, West Publishing Company
shall include in such decennial statutes a nd supplements a new Title
75A, to be designated "Technology".
SECTION 2. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 151 of Title 75A, unless there
is created a duplicati on in numbering, reads as follows:
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This act may be known and cited as the "Filter Bubble
Transparency Act of 2022 ".
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 152 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Algorithmic ranking system " means a computational process,
including one derived from a lgorithmic decision-making, machine
learning, statistical analysis, or other dat a processing or
artificial intelligence techniques, used to determine the order or
manner that a set of information is provided to a user on a covered
Internet platform, including the ranking of search results, the
provision of content recommendations, the display of social media
posts, or any other method of automated content selection ;
2. "Commission" means the Federal Trade Commis sion;
3. "Connected device" means a physical object that:
a. is capable of connecting to the Internet, either
directly or indirectly through a network, to
communicate information at the direction of an
individual, and
b. has computer processing capabilit ies for collecting,
sending, receiving, or analyzing data;
4. "Covered Internet platform" means any public-facing website,
Internet application, or mobile app lication, including a social
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network site, video sharing service, search engine , or content
aggregation service. The term covered Internet platform shall not
include a platform that:
a. is wholly owned, controll ed, and operated by a person
that:
(1) for the most recent six-month period, did not
employ more than five hundred (500) employees,
(2) for the most recent three-year period, averaged
less than Fifty Million Dollars ($50,000,000.00)
in annual gross receipts, and
(3) collects or processes on an annual basis the
personal data of less than one million
individuals, or
b. is operated for the sole pu rpose of conducting
research that is not made for profit either directly
or indirectly;
5. "Downstream provider" means, with respect to a search
syndication contract, the person that receives access to an index of
webpages on the Internet from an upstream provider under such
contract;
6. a. "Input-transparent algorithm " means an algorithmic
ranking system that does not use the user-specific data of a user to
determine the order or manner that infor mation is furnished to such
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user on a covered Internet platform, unless the user -specific data
is expressly provided to the platform by the user for such purpose .
b. The term input-transparent algorithm shall include an
algorithmic ranking system that us es user-specific
data to determine whether a user is old enough to
access age-restricted content on a cove red Internet
platform; provided that the system otherwise meets the
requirements of subparagraph a of this paragraph,
c. For purposes of subparagraph a of this paragraph,
user-specific data that is provided by a user for the
express purpose of determining the order or manner
that information is furnished to a user on a covered
Internet platform,
(1) shall include user-supplied search terms,
filters, speech patterns (if provided for the
purpose of enabling the platform to a ccept spoken
input or selecting the language in which the user
interacts with the platform ), saved preferences,
and the user's current geographical location ,
(2) shall include data supplied to the platform by
the user that expresses the user's desire that
information be furnished to them, s uch as the
social media profiles the user follows, the video
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channels the user subscribes to, or other sources
of content on the platform the user fol lows,
(3) shall not include the history of the user's
connected device, including the user's history of
web searches and browsing, geographical
locations, physical activity, device interaction,
and financial transactions , and
(4) shall not include inferences about the user or
the user's connected device, without regard to
whether such inferences are based on data
described in division (1) of this subparagraph;
7. a. "Opaque algorithm" means an algorithmic ranking sy stem
that determines the order or manner that infor mation
is furnished to a user on a covered Internet platform
based, in whole or part, on user-specific data that
was not expressly provided by the user to the platform
for such purpose.
b. The term opaque algorithm shall not include an
algorithmic ranking s ystem used by a covered Internet
platform if:
(1) the only user-specific data, including inferences
about the user, that the system uses is
information relating to the age of t he user, and
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(2) such information is onl y used to restrict a
user's access to content on the basis that the
individual is not old enough to access such
content;
8. "Search syndication contract" means a contract or
subcontract for the sale, license, or other right to access an index
of webpages on the Internet for the purpose of operating an Internet
search engine;
9. "Upstream provider" means, with respect to a search
syndication contract, the person that grants access to an index of
webpages on the Internet to a downstream provider under the
contract; and
10. "User-specific data" means information relating to an
individual or specific connected device that would not necessarily
be true of every individual or device.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 153 of Title 75A, unless there
is created a duplication in num bering, reads as follows:
A. Beginning one (1) year after the date o f enactment of this
act, it shall be unlawful :
1. For any person to operate a covered Internet platform that
uses an opaque algorithm unless the person co mplies with the
requirements of subsection B of this section; or
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2. For any upstream provider to grant access to an index of
webpages on the Internet under a search syndication contract that
does not comply with the requirements of subsection C of this
section.
B. 1. The requirements of this subsection with respect to a
person that operates a covered Internet platform that uses an opaq ue
algorithm are the following:
a. the person provides notice to users of the platform
that the platform uses an opaqu e algorithm that makes
inferences based on user-specific data to select the
content the user sees. Such notice shall be presented
in a clear, conspicuous manner on the platform
whenever the user interacts with an opaque algorithm
for the first time, and may be a one-time notice that
can be dismissed by the user, and
(b) the person makes available a version of the platform
that uses an input-transparent algorithm and enables
users to easily switch be tween the version of the
platform that uses an opaque algorithm and the version
of the platform that uses the input-transparent
algorithm by selecting a prominently placed icon,
which shall be displayed wherever the user interacts
with an opaque algorithm.
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2. Paragraph 1 of this subsection shall not apply with re spect
to an Internet search engine if:
a. the search engine is operated by a downstream provider
with fewer than one thousand employees, and
b. the search engine uses an index of webpages on the
Internet to which such provider rec eived access under
a search syndication contract.
C. The requirements of this subsection w ith respect to a search
syndication contract are that:
1. As part of the contract, the upstream provider makes
available to the downstream provider the same input-transparent
algorithm used by the upstream provider for purposes of complying
with subparagraph b of paragraph 1 of subsection B of this section;
and
2. The upstream provider does not impose any additional costs,
degraded quality, reduced speed, or other constraint on the
functioning of such algorithm when used by the downstream provider
to operate an Internet search engine relative to the performance of
such algorithm when used by the upstream provider to operate an
Internet search engine.
SECTION 5. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 154 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
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A. Actions for relief purs uant to this act may be prosecuted
exclusively in a court of competent jurisdi ction in a civil action
brought in the name of the people of the State of Oklahoma by the
Attorney General or by any district attorney. This act shall not be
deemed to create a p rivate right of action or limit any existing
private right of actio n.
B. A court may enjoin a person who knowingly engages, has
engaged, or proposes to engage in a violation of this act. The
court may make any orders or judgments as may be necessary to
prevent a violation of this act.
C. A person who knowingly engages, has engag ed, or proposes to
engage in a violation of this act shall be liable for a civil
penalty not to exceed Two Thousand Five Hundred Dollars ($2,500.00)
for each profile on the platform in noncompliance with this act. If
the action is brought by the Attorney General, the pe nalty shall be
deposited into the Governmental Budget Account. If the action is
brought by a district attorney, the penalty shall be paid to the
treasurer of the county in which th e judgment was entered .
SECTION 6. This act shall become e ffective November 1, 2022.
58-2-8951 MJ 12/21/21