S.

4201 - Digital Platform Commission Act of 2022

H.R.7858 — 117th Congress (2021-2022)

117th Congress (2021-2022)

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https://www.congress.gov/bill/117th-congress/house-bill/7858/text

Democrats have introduced legislation in Congress that, typical for Democrats, will call the Bills one thing when they
are intended to do something else. The House version is basically the identical wording as the Senate version. The
excerpts of the Bills below are taken from the Senate version. I’ve included links to the passages I’ve highlighted.

Both Bills outline the following as the ‘need’ of this legislation. It basically gives this Commission the ability to
monitor all speech within ‘digital platforms’. That’s yours and mine. Comments are mine on each below.

(6) The unregulated policies and operations of some of the most powerful digital platforms have at times produced
demonstrable harm, including—

(A) undercutting small businesses; Small businesses have used social media to elevate their reach to potential
customers, accept criticism to enhance their businesses and advertise their products, just to name a few of the
benefits they realize in using social media. It appears that the authors of these Bills are referring to the
‘undercutting’ as those that have been chastised by public opinion and therefore have felt that rath from
being boycotted.

(B) abetting the collapse of trusted local journalism; Read this as the collapse of their ‘exclusive’ bucket carriers
voice. They now must equally share alternative reporting as well as community analysis of their ‘journalism’.
More voices now reach a larger audience.

(C) enabling addiction and other harms to the mental health of the people of the United States, especially
minors; With the ideology being utilized in our schools, some student’s only source of counter ideals is found
on social media and the internet in general. Social media isn’t the sole and primary access to radical
influences, but social media can be a primary source for countering radical views.

(D) disseminating disinformation and hate speech; As we’ve recently seen with the uncovering of government
manipulation of speech on Twitter, one’s determination of disinformation of speech is not at will of
government to oversee and determine. We’ve clearly seen this in relation to Covid19 and the shutdown of
medical opinions, some that could have saved lives. Our 1A protections are exactly why the government
cannot rule over the types of speech allowed within the public square.

(E) undermining privacy and monetizing the personal data of individuals in the United States without their
informed consent; and We don’t need a Commission to control ‘undermining privacy’ of personal data. That’s
what laws are designed to do. Enforce the laws we currently have and strengthen the ones that need it.

(F) in some cases, radicalizing individuals to violence. Follows the same as (C) above.
 Passages from the Senate version of these Bills

After the revelations of the federal government’s influence over speech on Twitter, and likely all digital platforms, this
passage is a ridiculous start to this Bill.

(9) Throughout the history of the United States, the Federal Government has established reasonable regulation,
consistent with the First Amendment to the Constitution of the United States, to promote a diversity of viewpoints,
support civic engagement, and preserve the right of citizens to communicate with each other, which is foundational to
self-governance.
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In order to enforce the ‘rules’ created by this Commission; it will require the moderation of content on the platform.
Regulation of speech by the government is contrary to 1A protections. ‘Harmful content’ and ‘Trusted third party’ is
not defined nor is it stated who makes the determination of ‘harmful’ and ‘trusted’.

(b) P R OV I S I O N S R E L AT I V E T O S Y S T E M I C A L LY I M P O R TA N T D I G I TA L P L AT F O R M S .—Not later than 180 days after the

earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall determine
whether to issue rules, with input from the Code Council as appropriate, to establish for systemically important digital
platforms—
(3) transparency requirements for terms of service, including content moderation policies;
(4) requirements for regular public risk assessments of the distribution of harmful content on a systemically
important digital platform and steps the systemically important digital platform has taken, or plans to take, to mitigate
those harms;
(5) transparency and disclosure obligations to enable—
(A) oversight by the Commission;
(B) third-party audits to ensure the accuracy of any public risk assessments required under paragraph
(4); and
(C) trusted third-party research in the public interest; and

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The level of pay is excessive when qualifications and experience levels are not defined.

Base Pay Ranges

16 $116,610 $198,038

17  $123,607 $213,881

+ Locality Pay
Washington, DC 31.53%

https://www.sec.gov/about/careers/sec-compensation

(d) S A L A R Y O F C O M M I S S I O N E R S .—

(1) IN GENERAL.—Each Commissioner shall receive an annual salary at the annual rate payable from time to time
for grade 16 of the pay scale of the Securities and Exchange Commission, payable in monthly installments.
 (2) CHAIR.—The Chair of the Commission, during the period of service as Chair, shall receive an annual salary at the
annual rate payable from time to time for grade 17 of the pay scale of the Securities and Exchange Commission.

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Ability to appoint as many ‘volunteers’ as the Commission chooses. Again, government monitoring speech through
chosen ‘eyes’.

(3) USE OF VOLUNTEERS TO MONITOR VIOLATIONS RELATING TO ONLINE SERVICES.—

(A) RECRUITMENT AND TRAINING OF VOLUNTEERS.—The Commission, for purposes of monitoring violations of any
provision of this Act (and of any regulation prescribed by the Commission under this Act), may—

(i) recruit and train any software engineer, computer scientist, data scientist, or other individual with skills or
expertise relevant to the responsibilities of the Commission; and

(ii) accept and employ the voluntary and uncompensated services of individuals described in clause (i).

(B) NO LIMITATIONS ON VOLUNTARY SERVICES

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Commission is able to delegate any or all functions of monitoring to whomever they choose with the same force and
effect.

(c) D E L E G A T I O N O F F U N C T I O N S ; E X C E P T I O N S T O I N I T I A L O R D E R S ; F O R C E , E F F E C T , A N D E N F O R C E M E N T O F O R D E R S ;
ADMINISTRATIVE AND JUDICIAL REVIEW; QUALIFICATIONS AND COMPENSATION OF DELEGATES; ASSIGNMENT OF
C A S E S ; S E P A R A T I O N O F R E V I E W A N D I N V E S T I G A T I V E O R P R O S E C U T I N G F U N C T I O N S ; S E C R E T A R Y ; S E A L .—

(1) DELEGATION OF FUNCTIONS.—

(A) IN GENERAL.—When necessary to the proper functioning of the Commission and the prompt and orderly
conduct of its business, the Commission may, by published rule or by order, delegate any of its functions to a
panel of commissioners, an individual commissioner, an employee board, or an individual employee, including
functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any
work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as
defined in the Administrative Procedure Act), the delegation in any such case may be made only to an
employee board consisting of 2 or more employees referred to in paragraph (7).

(2) FORCE, EFFECT, AND ENFORCEMENT OF ORDERS.—Any order, decision, report, or action made or taken
pursuant to a delegation under paragraph (1), unless reviewed as provided in paragraph (3), shall have the same
force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or
other actions of the Commission.

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There is a process for an appeal of any action, however, there is no mandate for the Commission to act on the appeal.

(4) REVIEW.—

(A) IN GENERAL.—In passing upon an application for review filed under paragraph (3), the Commission may
grant, in whole or in part, or deny the application without specifying any reasons therefor.

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The Code Council, appointed by the Chair and subject to Commission approval, will establish the ‘rules’ under which
all digital platforms will be required to function. Essentially this Commission and Council are making and establishing
federal law, not Congress, on the largest internationally functioning ‘public square’. Concerning also is the
appointment of 6 representatives of ‘nonprofit interest groups’. (Think Southern Poverty Law Center)

SEC. 8. CODE COUNCIL.

(a) E S T A B L I S H M E N T .—The Commission shall establish a Code Council that shall develop proposed voluntary or
enforceable behavioral codes, technical standards, or other policies for digital platforms through the code process under
subsection (e).
(b) M E M B E R S H I P .—
(1) IN GENERAL.—The Council shall consist of 18 members, of whom—
(A) 6 shall be representatives of digital platforms or associations of digital platforms, not fewer than 3 of
whom shall be representatives of systemically important digital platforms or associations that include
systemically important digital platforms;
(B) 6 shall be representatives of nonprofit public interest groups, academics, and other experts not
affiliated with commercial enterprises, with demonstrated expertise in technology policy, law, consumer
protection, privacy, competition, disinformation, or another area the Chair determines relevant; and
(C) 6 shall be technical experts in engineering, application development, computer science, data science,
machine learning, communications, media studies, and any other discipline the Chair determines relevant.

5) UPDATES.—Not less frequently than once every 5 years, the Commission shall review and update, as
necessary, any behavioral code, technical standard, or other policy established by rule under paragraph (4).

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The Commission is required to work with other federal agencies such as the DOJ. We’ve seen where that can lead.

SEC. 11. INTER-AGENCY SUPPORT.

(a) E X P E R T S U P P O R T .—Upon request from any other Federal agency for expertise, technical assistance, or other
support from the Commission, the Commission shall provide that support.

(b) R E Q U I R E D C O N S U L T A T I O N B Y O T H E R F E D E R A L A G E N C I E S .—Any Federal agency, including the Federal Trade

Commission and the Antitrust Division of the Department of Justice, engaged in investigation, regulation, or
oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement,
or democratic values and institutions shall consult with the Commission in carrying out that investigation,
regulation, or oversight.
 (c) R E Q U I R E D C O N S U L T A T I O N W I T H O T H E R F E D E R A L A G E N C I E S .—The Commission, in carrying out investigation,
regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic
engagement, or democratic values and institutions, shall consult with each other Federal agency, including the
Federal Trade Commission and the Antitrust Division of the Department of Justice, that is engaged in investigation,
regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic
engagement, or democratic values and institutions.

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Complete cooperation from the digital platforms is required. The monitoring of a specific person’s speech could be
included within this required cooperation.

SEC. 14. INVESTIGATIVE AUTHORITY.

(a) I N G E N E R A L .—The Commission may inquire into the management of the business of digital platforms subject to
this Act, and shall keep itself informed as to the manner and method in which that management is conducted and
as to technical and business developments in the provision of online services.

(b) I N F O R M A T I O N .—The Commission may obtain from digital platforms subject to this Act and from persons
directly or indirectly controlling or controlled by, or under direct or indirect control with, those platforms full and
complete information necessary, including data flows, to enable the Commission to perform the duties and carry
out the objects for which it was created.

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Contrary to law, a complainant is not required to have ‘standing’ (direct damage) in order to file a complaint to the
Commission. Potentially and contrary to Section 230, digital platforms will be responsible to satisfy, or answer to,
complaints filed.

(b) C O M P L A I N T S T O T H E C O M M I S S I O N .—

(1) IN GENERAL.—

(A) APPLICATION.—Any person, any body politic or municipal organization, or any State attorney general
or State commission, complaining of anything done or omitted to be done by any digital platform subject
to this Act, in contravention of the provisions thereof, may apply to the Commission by petition which
shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by
the Commission to the digital platform, which shall be called upon to satisfy the complaint or to answer
the complaint in writing within a reasonable time to be specified by the Commission.

(D) DIRECT DAMAGE NOT REQUIRED.—No complaint shall at any time be dismissed because of the
absence of direct damage to the complainant.

(d) L I A B I L I T Y O F D IG I TA L P L AT F O R M F O R A C T S A N D O M I S S I O N S O F A G E N T S .—In construing and enforcing the

provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by
any digital platform or user, acting within the scope of his employment, shall in every case be also deemed to be
the act, omission, or failure of the platform or user as well as that of the person.

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Civil penalties for violations by the digital platform would be capped at 15% annually.

SEC. 17. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF JUSTICE.

(1) ADMINISTRATIVE ORDER.—If the Commission believes that a person has violated or will violate this Act, the
Commission may issue and cause to be served on the person an order requiring the person, as applicable—

(A) to cease and desist, or refrain, from the violation; or

(B) to pay restitution to any victim of the violation.

(4) ANNUAL CAP.—The total amount of civil penalties imposed on a digital platform during a year under paragraph
may not exceed 15 percent of the total global revenue of the digital platform during the preceding year.

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NOT EARLIER THAN 5 YEARS, Congress shall be allowed to review the Commission. Until then, live with it.

SEC. 19. REPORT TO CONGRESS.

(a) I N G E N E R A L .—Not earlier than 5 years after the date of enactment of this Act, the President shall establish an
independent panel to—

(1) comprehensively study the policies, operations, and regulations of the Commission; and

(2) submit an in-depth report to the congressional committees of jurisdiction, including the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House
of Representatives, that includes—

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I believe that there is some legislation are needed but this appears to be nothing more than a wolf dressed
in sheep’s clothing giving a Commission, and it’s duly appointed watchdogs, the ability to control speech
within the public square. A definite violation of our First Amendment rights.

Contact your Congressional representatives and request that they oppose this dangerous legislation.

Elaine
@ElaineSoCalGov