After all, that's an algorithmic system that uses information not expressly provided by the user in order to present information to you ranked in a different way (for example, moving ads to a different spot). For example, a straightforward reading of this bill would mean that no site can automatically determine you're visiting with a mobile device and format the page accordingly. The fact that it then immediately includes an exemption for "age-appropriate content filters" only hints at some of the problems with this bill - which starts with the fact that there are all sorts of reasons why algorithms recommending things to you based on more information than you provide directly might be kinda useful. The term "opaque algorithm" means an algorithmic ranking system that determines the order or manner that information is furnished to a user on a covered internet platform based, in whole or part, on user-specific data that was no expressly provided by the user to the platform for such purpose. It doesn't target all algorithms - and explicitly exempts search based on direct keywords, or algorithms that try to "protect the children." Instead, it has a weird attack on what it calls "opaque algorithms." The definition itself is a bit opaque: The bill is poorly drafted, poorly thought out, and exposes an incredible amount of ignorance about how any of this works. While some of the reporting on this suggests that the bill "targets" algorithms, it only does so in the stupidest, most ridiculous ways. The House version was introduced by Ken Buck, and co-sponsored by David Cicilline, Lori Trahan, and Burgess Owens. The Senate version was introduced by Senator John Thune, and co-sponsored by a bevy of anti-tech grandstanding Senators: Richard Blumenthal, Jerry Moran, Marsha Blackburn, Brian Schatz, and Mark Warner. Both bills are "bipartisan," which makes it worse, not better.
The latest, just introduced is the House version of the Filter Bubble Transparency Act, which is the companion bill to the Senate bill of the same name. It's kind of crazy how many regulatory proposals we see appear to be based on myths and moral panics.
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