S3193119th CongressWALLET

Algorithm Accountability Act

Sponsored By: Senator Curtis, John R. [R-UT]

Introduced

Summary

Duty of care for recommendation algorithms would require social media platforms to design and operate recommendation systems with reasonable care to prevent bodily injury or death.

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  • People harmed by a platform's recommendation algorithm could sue in federal court for compensatory and punitive damages when bodily injury or death is caused and tied to the algorithm.
  • For-profit social media platforms would have to exercise reasonable care in design, training, testing, deployment, operation, and maintenance of recommendation-based algorithms, and platforms that violate the duty would lose Section 230(c)(1) immunity for those claims.
  • The rule covers recommendation-based algorithms but excludes platforms with fewer than 1,000,000 registered users and many messaging, email, and niche services; chronological feeds and an initial user search are exempt, predispute arbitration waivers are invalidated, and First Amendment limits on enforcement are affirmed.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Right to sue for algorithm harms

If enacted, this bill would let a person sue in U.S. district court for compensatory and punitive damages if they suffer bodily injury or death caused by a platform's violation of the duty. A legal representative may sue for a minor, disabled person, or a decedent's estate. Plaintiffs must show the harm was reasonably foreseeable and attributable to the algorithm's design or performance.

New safety duty for recommendation systems

If enacted, this bill would require covered platforms to use reasonable care when designing, training, testing, deploying, operating, and maintaining recommendation systems. The duty aims to prevent bodily injury or death that a reasonable provider could foresee and link to the algorithm's design or performance. Purely chronological feeds and initial user-initiated search results would be excluded from the duty. The bill would also say enforcement cannot be based on protected speech or viewpoint.

Platforms can lose immunity and arbitration

If enacted, this bill would make clear that platforms that violate the duty could lose Section 230(c)(1) immunity for those claims. Predispute arbitration agreements and predispute class-action waivers would be invalid for disputes under this subsection. Courts, not arbitrators, would decide whether arbitration clauses apply to these cases.

Which platforms and harms are covered

If enacted, this bill would define which algorithms and social media services are covered. "Recommendation-based algorithms" would mean systems that rank or amplify content using a user’s personal data. Only for-profit social media platforms that let users create accounts and that have 1,000,000 or more registered users would be covered. Several service types (like private messaging, email, ecommerce, certain conference tools, and small platforms) would be excluded. Covered harms would be limited to bodily injury or death tied to the algorithm's operation.

Other laws stay in effect

If enacted, this bill would say other federal or state laws that are at least as protective of users still apply. The bill would not prevent enforcement of those laws. It would also include a severability rule so that if one part is struck down, the rest can remain in effect.

Sponsors & CoSponsors

Sponsor

Curtis, John R. [R-UT]

UT • R

Cosponsors

  • Sen. Kelly, Mark [D-AZ]

    AZ • D

    Sponsored 11/18/2025

Roll Call Votes

No roll call votes available for this bill.

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