A Bill to Prevent Surveillance Capitalism and Technofeudalism in the United States
Preamble
Whereas the rapid advancement of technology has led to significant changes in economic and social structures;
Whereas the practices of surveillance capitalism and technofeudalism threaten individual privacy, economic fairness, competition, and democratic processes;
Therefore, be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, to establish regulations that prevent the exploitation of personal data, promote fair competition, and protect the rights of individuals in the digital economy.
Title I: Short Title
This Act may be cited as the “Digital Fairness and Accountability Act”.
Title II: Definitions
For the purposes of this Act, the following definitions apply:
1. Covered Entity: Any corporation, partnership, organization, or individual operating in the United States that collects, processes, or controls personal data and provides digital platforms or services.
2. Personal Data: Any information relating to an identified or identifiable natural person, including but not limited to name, identification numbers, location data, online identifiers, or factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.
3. Platform Dominance: A situation where a covered entity holds a significant market share in a particular digital service sector, influencing market conditions and limiting competition.
4. Data Monetization: The practice of generating revenue through the processing, analysis, or sale of personal data.
5. Behavioral Modification: Techniques used to influence or alter an individual’s behavior through digital means, including targeted advertising and personalized content delivery.
6. Rent Extraction: The practice of charging excessive fees or imposing unfair terms on users and third-party businesses that rely on a covered entity’s platform or services.
Title III: Protection of Personal Data
Section 301: Consent and Transparency
• 301(a): Covered entities must obtain informed, explicit, and voluntary consent from individuals before collecting or processing their personal data.
• 301(b): Consent requests must be presented in clear and plain language, specifying the purpose of data collection and the intended use.
• 301(c): Individuals have the right to withdraw consent at any time, and covered entities must cease processing and delete the individual’s personal data upon request.
Section 302: Limitation on Data Collection and Use
• 302(a): Covered entities shall collect only the minimum personal data necessary to provide the requested service.
• 302(b): Personal data shall not be used for purposes beyond those explicitly consented to by the individual.
• 302(c): The sale or sharing of personal data with third parties without explicit consent is prohibited.
Section 303: Right to Access and Portability
• 303(a): Individuals have the right to access their personal data held by covered entities.
• 303(b): Covered entities must provide, upon request, a copy of an individual’s personal data in a commonly used, machine-readable format.
Section 304: Right to Erasure
• 304(a): Individuals have the right to request the deletion of their personal data.
• 304(b): Covered entities must comply with deletion requests promptly unless retention is required by law.
Title IV: Prohibition of Behavioral Modification Practices
Section 401: Ban on Manipulative Techniques
• 401(a): Covered entities are prohibited from using personal data to manipulate or influence individual behavior in ways that are deceptive, harmful, or contrary to the individual’s expressed interests.
• 401(b): This includes but is not limited to dark patterns, deceptive design practices, and undisclosed algorithmic bias.
Section 402: Transparency in Algorithmic Decision-Making
• 402(a): Covered entities must disclose the use of algorithms that significantly impact individuals, including content curation, recommendation systems, and targeted advertising.
• 402(b): Individuals have the right to receive an explanation of how their personal data influences algorithmic decisions affecting them.
Section 403: Opt-Out Rights
• 403(a): Individuals must be provided with a clear and accessible means to opt out of algorithmic profiling and targeted content.
Title V: Promoting Fair Competition
Section 501: Anti-Monopoly Measures
• 501(a): Mergers and acquisitions that may lead to platform dominance or reduce competition in the digital market are subject to strict scrutiny and may be prohibited.
• 501(b): Covered entities with platform dominance are prohibited from favoring their own products or services over those of competitors on their platforms.
Section 502: Interoperability and Open Access
• 502(a): Covered entities must allow interoperability with competing services where feasible, enabling users to communicate across different platforms.
• 502(b): Application programming interfaces (APIs) and data formats should be standardized to promote compatibility and reduce barriers to entry for new competitors.
Section 503: Prohibition of Unfair Practices
• 503(a): Rent extraction practices that impose unreasonable fees or terms on users and third-party businesses are prohibited.
• 503(b): Covered entities shall not use their platform dominance to engage in anti-competitive practices, such as predatory pricing or exclusive agreements.
Title VI: Labor Rights in the Digital Economy
Section 601: Protection of Digital Workers
• 601(a): Individuals providing labor or content on digital platforms are entitled to fair compensation, transparent terms, and labor rights equivalent to traditional employment protections.
• 601(b): Covered entities must not misclassify workers to avoid providing benefits or adhering to labor standards.
Section 602: Collective Bargaining Rights
• 602(a): Digital workers have the right to organize and engage in collective bargaining.
• 602(b): Covered entities shall not interfere with or retaliate against individuals exercising these rights.
Title VII: Enforcement and Penalties
Section 701: Regulatory Authority
• 701(a): The Federal Trade Commission (FTC) and the Department of Justice (DOJ) shall have the authority to enforce the provisions of this Act.
• 701(b): A new Digital Fairness Commission (DFC) shall be established to oversee compliance and investigate violations.
Section 702: Penalties for Non-Compliance
• 702(a): Covered entities found in violation of this Act may face penalties including fines up to 4% of annual global revenue, injunctions, and, in severe cases, structural remedies such as divestiture.
• 702(b): Individuals harmed by violations have the right to seek legal recourse, including damages and class-action lawsuits.
Section 703: Whistleblower Protections
• 703(a): Individuals who report violations of this Act are protected from retaliation.
• 703(b): Whistleblowers may be eligible for monetary rewards if their information leads to significant enforcement action.
Title VIII: Miscellaneous Provisions
Section 801: Preemption
• 801(a): This Act sets minimum federal standards and does not preempt state laws that provide stronger protections.
Section 802: Severability
• 802(a): If any provision of this Act is held invalid, the remainder shall not be affected.
Section 803: Effective Date
• 803(a): This Act shall take effect one year after the date of enactment to allow covered entities to achieve compliance.
Title IX: Funding for Implementation
Section 901: Appropriations
• 901(a): Sufficient funds are authorized to be appropriated to the FTC, DOJ, and the newly established DFC for the implementation and enforcement of this Act.
Section 902: Grants for Research and Education
• 902(a): Grants shall be made available to support research on digital rights, data protection technologies, and public education initiatives on digital literacy.
Conclusion
This Act aims to safeguard individual privacy, promote fair competition, protect workers’ rights, and prevent the concentration of power in the digital economy. By establishing clear regulations and enforcement mechanisms, the United States reaffirms its commitment to democratic values and the protection of its citizens in the digital age.