United States of America: Introduced Senate Bill (S.2031) including unfair methods of competition for online platforms

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Description

Introduced Senate Bill (S.2031) including unfair methods of competition for online platforms

On 10 June 2021, the PRO-SPEECH Act (S. 2031) is introduced to the U.S. Senate. The Act is introduced with the goal of preserving competition on the internet. Specifically, internet platforms would be prohibited from blocking users' access to lawful content, applications or services, unless they either harm the functionality of the platform or the safety of the user. Furthermore, users' access to lawful internet traffic must not be impeded. Besides blocking users' access, internet platforms would also be prohibited from blocking other competing internet platforms. Additionally, any unreasonable discrimination of users and competing internet platforms are forbidden. Excluded from these rules are small internet platforms and publishers of any kind. In order to check these rules, transparency obligations for the platforms are created.

Original source

Scope

Policy Area
Competition
Policy Instrument
Unilateral conduct regulation
Regulated Economic Activity
platform intermediary: user-generated content
Implementation Level
national
Government Branch
legislature
Government Body
parliament

Complete timeline of this policy change

Hide details
2021-06-10
under deliberation

On 10 June 2021, the PRO-SPEECH Act (S. 2031) is introduced to the U.S. Senate. The Act is introduc…

2023-01-03
rejected

On 3 January 2023, the PRO-SPEECH Act was rejected after failing to pass before the 117th Congress …

Key regulatory dimensions

Regulated subjects

The businesses, government agencies or individuals affected by this policy or regulatory change.
producer / supplier
1
Type Private organisation
Economic activity platform intermediary: user-generated content
Category All

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.
listing (any form): marketing (any form)
Regulatory tool
User or public algorithm description requirement
Prohibition of quantitative limits on supply, production or purchase
Prohibition of targeted trading partner under-cutting or other discrimination
Regulator cooperation requirements
Sanctions
Determined by existing law or regulation
Regulated subjects
1
user content: any format: marketing (any form)
Regulatory tool
User or public algorithm description requirement
Prohibition of quantitative limits on supply, production or purchase
Prohibition of targeted trading partner under-cutting or other discrimination
Regulator cooperation requirements
Sanctions
Determined by existing law or regulation
Regulated subjects
1
software: app store: hosting (any form)
Regulatory tool
User or public algorithm description requirement
Prohibition of quantitative limits on supply, production or purchase
Prohibition of targeted trading partner under-cutting or other discrimination
Regulator cooperation requirements
Sanctions
Determined by existing law or regulation
Regulated subjects
1
software: search engine: creation: production
Regulatory tool
User or public algorithm description requirement
Prohibition of quantitative limits on supply, production or purchase
Prohibition of targeted trading partner under-cutting or other discrimination
Regulator cooperation requirements
Sanctions
Determined by existing law or regulation
Regulated subjects
1
cloud infrastructure: monetisation (any form)

Policy change by business practice

The detailed activities within the scope of this policy or regulatory change.

listing (any form): marketing (any form)

user content: any format: marketing (any form)

software: app store: hosting (any form)

software: search engine: creation: production

cloud infrastructure: monetisation (any form)