American Innovation and Choice Online Act
- Last Action
- 12/21/2022
Actions
- 2022-12-21Placed on the Union Calendar, Calendar No. 475.
- 2022-12-21Reported (Amended) by the Committee on Judiciary. H. Rept. 117-655.
- 2022-12-21Reported (Amended) by the Committee on Judiciary. H. Rept. 117-655.
- 2021-06-24Ordered to be Reported (Amended).
- 2021-06-24Committee Consideration and Mark-up Session Held.
- 2021-06-23Committee Consideration and Mark-up Session Held.
- 2021-06-11Referred to the House Committee on the Judiciary.
- 2021-06-11Introduced in House
- 2021-06-11Introduced in House
CRS Summary
As of 2022-12-21 (07)
American Choice and Innovation Online Act
This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, excluding or disadvantaging competing products from another business on the platform, or discriminating 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 or 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, conflicts of interest, a private right of action, and the forfeit of profits for repeat offenders.
Cosponsors (20)
- Lance Gooden (R-TX)
- JERROLD NADLER (D-NY)
- Ken Buck (R-CO)
- Mondaire Jones (D-NY)
- Henry Johnson (D-GA)
- Jamie Raskin (D-MD)
- Pramila Jayapal (D-WA)
- Mary Scanlon (D-PA)
- Joe Neguse (D-CO)
- Lucy McBath (D-GA)
- Lori Trahan (D-MA)
- Madison Cawthorn (R-NC)
- Byron Donalds (R-FL)
- Paul Gosar (R-AZ)
- Jesus Garcia (D-IL)
- Andy Levin (D-MI)
- Rashida Tlaib (D-MI)
- Adriano Espaillat (D-NY)
- Brian Babin (R-TX)
- Brian Mast (R-FL)
Subjects
- Civil actions and liability
- Computers and information technology
- Congressional oversight
- Digital media
- Foreign and international corporations
- Inflation and prices
- Internet and video services
- Internet, web applications, social media
- Judicial review and appeals
- Retail and wholesale trades
Sourced from Congress.gov (public domain).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.