US Proposed Laws that will affect us if they pass.

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  Posted by Web Diva May 27, 2023 - Filed in Op Ed - #Internet Laws  #US net laws  #US website laws  #Section 230  #Kids Online Safety Act  #American Innovation and Choice Online  #The Restrict Act  - 736 views
  

  These are the latest bills proposed in the United States Legislature.  I've read both the Digital Platform Commission Act and the Restrict Act. The Supreme Court threw out two significant cases the other day that challenged Section 230 and this was a vote from all nine judges.  This was a win for people that own websites, however, the bills below have a significant overreach if they should pass that may be crippling to operate under the conditions they have advised in their bills.  The other two bills I'm not as concerned about, as protecting children online is very important to me any way it's reasonably possible.

  Digital Platform Commission Act by Michael Bennet (D-Colo) and Peter Welch (D-Vt)

  https://www.congress.gov/bill/117th-congress/senate-bill/4201/text

  To establish a new Federal body to provide reasonable oversight and regulation of digital platforms

  *This proposed bill concerns all of us especially for those that own and operate a website.  This will be government regulation and a commission of government that will over see your website and you can be fined without a governing body to appeal. Read Section 3 and 4.

  The Kids online Safety Act of 2022 by Marsha Blackburn (R-Tenn) and Richard Blumentthal (D-Conn)

  https://www.congress.gov/bill/117th-congress/senate-bill/3663/text

  This bill sets out requirements for covered platforms (i.e., applications or services that connect to the internet and are likely to be used by minors) to protect minors from online harms.

  A covered platform must act in the best interest of a minor using its application or service. This includes a duty to prevent and mitigate heightened risks of harms that may arise from using the platform (e.g., sexual exploitation).

  Covered platforms must provide (1) a minor (or a parent) with certain safeguards, such as settings that restrict access to a minor's personal data; and (2) parents with tools to supervise the minor's use of a platform, such as control of privacy and account settings.

  A covered platform must also disclose specified information, including how, with respect to minors, the platform uses algorithms or targeted advertising.

  Further, a covered platform must (1) allow minors and parents to report certain harms, (2) refrain from facilitating advertising of products or services that are illegal to sell to minors, and (3) annually report on foreseeable risks of harm to minors posed by use of the platform.

  The bill provides for enforcement through the Federal Trade Commission and states.

  In addition, the bill establishes a program to facilitate relevant public interest research and a council to advise on the bill's implementation. It also requires guidelines for market and product research focused on minors and an evaluation of options for age verification at the device or operating system level.

  American Innovation and Choice Online Act by Amy Klobuchar (D. MN)

  https://www.congress.gov/bill/117th-congress/senate-bill/2992

  This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, unfairly limiting the availability on the platform of competing products from another business, or discriminating in the application or enforcement of the platform's terms of service among similarly situated users.

  Further, a platform may not materially restrict or impede the capacity of a competing business user to access or interoperate with the same platform, operating system, or hardware or software features. The bill also restricts the platform's use of nonpublic data obtained from or generated on the platform and prohibits the platform from restricting access to platform data generated by the activity of a competing business user. The bill also provides additional restrictions related to installing or uninstalling software, search or ranking functionality, and retaliation for contact with law enforcement regarding actual or potential violations of law.

  The bill establishes affirmative defenses for the prohibited conduct.

  The Federal Trade Commission and the Department of Justice must designate whether an entity is a platform covered by the bill, and both must carry out enforcement activities.

  The bill also provides for civil penalties, injunctions, and the forfeit of profits for repeat offenders.

  Restrict Act

  https://www.congress.gov/bill/118th-congress/senate-bill/686/text

  Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act or the RESTRICT Act

  This bill requires federal actions to identify and mitigate foreign threats to information and communications technology (ICT) products and services (e.g., social media applications). It also establishes civil and criminal penalties for violations under the bill.

  Specifically, the Department of Commerce must identify, deter, disrupt, prevent, prohibit, investigate, and mitigate transactions involving ICT products and services (1) in which any foreign adversary (such as China) has any interest, and (2) that pose an undue or unacceptable risk to U.S. national security or the safety of U.S. persons.

  Additionally, Commerce must identify and refer to the President any covered holding (e.g., stock or security) that poses an undue or unacceptable risk to U.S. national security or the security and safety of U.S. persons. If the President determines that the holding poses such a risk, the President may compel divestment of or otherwise mitigate the risk associated with the holding.

  Commerce may (1) designate any foreign government or regime as a foreign adversary upon a determination that the foreign government or regime is engaged in a long-term pattern or serious instances of conduct significantly adverse to U.S. national security or the security and safety of U.S. persons, and (2) remove such a designation. Commerce must notify Congress before making or removing a designation; these actions are subject to congressional disapproval.

  The bill outlines (1) enforcement mechanisms, including actions by the Department of Justice; and (2) civil and criminal penalties for violations