Civic Legislative Initiative | Draft No. 006
THE ALGORITHMIC TRANSPARENCY AND USER AGENCY ACT
Model Law on Digital Platform Accountability and Cognitive Sovereignty
Version 1.0
Recognizing that algorithmic recommendation systems shape public discourse, political polarization, and mental health; Refusing a digital environment where human perception is manipulated by opaque mechanisms; Hereby establishes the right of users to understand, control, and opt-out of algorithmic curation.
CHAPTER I: SCOPE & DEFINITIONS
Art. 1.
1. Scope (VLOPs): This Act applies to "Very Large Online Platforms" (VLOPs) defined as social media services, search engines, or content aggregators with more than 30 million active monthly users within the jurisdiction.
2. "Shadowbanning" (Reach Reduction): Any automated or manual action taken by a platform to significantly reduce the visibility or discoverability of a user's content without formally suspending the account.
3. "Recommendation System": A fully or partially automated system used to suggest specific information to recipients of the service, prioritizing it over other information based on user profiling.
4. "Minor": Any natural person under the age of 18.
CHAPTER II: TRANSPARENCY REQUIREMENTS
Art. 2.
1. Explanation of Algorithmic Parameters: VLOPs must provide a clear, one-click mechanism for every piece of content recommended to the user (ads and organic posts), explaining the primary parameters used to select that specific content (e.g., interaction history, geolocation, paid promotion).
2. Prohibition on Non-Consensual Experiments: Platforms are prohibited from conducting psychological or behavioral experiments on users (A/B testing affecting emotional valence) without explicit, informed consent obtained separately from the Terms of Service.
CHAPTER III: USER AGENCY AND CONTROL
Art. 3.
1. Mandatory Chronological Option: VLOPs must offer an easily accessible option to view content from followed accounts in strict reverse chronological order, free from algorithmic prioritization. This choice must be persistent.
2. Right to Reset Profiling: Users must have the right to completely reset their algorithmic profile (history of interests, clicks, and behavioral data) at any time, restoring their feed to a neutral state.
3. Privacy-Preserving Age Assurance: Features exploiting cognitive vulnerabilities must be disabled for Minors. To verify age without compromising privacy, platforms must use "Zero-Knowledge" age estimation methods or device-level signals. Collecting or retaining government ID scans for general access verification is prohibited.
CHAPTER IV: DUE PROCESS FOR CONTENT
Art. 4.
1. Notification of Visibility Restrictions: If a platform applies Shadowbanning or restricts the visibility of a user's content, it must immediately notify the user, providing:
a) The specific content affected;
b) The specific rule violated;
c) A mechanism to appeal the decision to a human moderator.
2. Prohibition of Deceptive Practices: It is prohibited to deceive users by making their content appear visible to themselves while hiding it from others ("Ghost Banning").
CHAPTER V: RESEARCH & OVERSIGHT
Art. 5.
1. Data Access for Public Interest Research: VLOPs must provide vetted academic researchers and certified non-profit organizations with access to anonymized platform data necessary to study systemic risks and algorithmic bias.
2. Ad Archives: Platforms must maintain a publicly accessible, searchable repository of all advertisements served, detailing the sponsor, the target demographic, and the total spend, retained for a minimum of 5 years.
CHAPTER VI: ENFORCEMENT & PENALTIES
Art. 6.
1. Regulatory Authority: Enforcement shall be carried out by the designated Digital Services Coordinator.
2. Sanctions: Violations are subject to civil penalties of up to 6% of the platform's total worldwide annual turnover.
3. Supervisory Fee: To ensure the independence and operational capability of the Authority without burdening taxpayers, VLOPs shall pay an annual supervisory fee proportional to their active user base within the jurisdiction.
EXPLANATORY MEMORANDUM (EXPOSÉ)
1. THE PROBLEM
Modern public discourse is mediated by private algorithms designed to maximize engagement, often by amplifying outrage. Platforms operate as "black boxes," curbing speech without accountability and prioritizing profit over user well-being.
2. THE OBJECTIVE
This Act empowers the user. By enforcing transparency and mandating a Chronological Feed option, we restore cognitive sovereignty. It forces platforms to show their work when they silence voices, ending the era of secret moderation.
3. FINANCIAL IMPACT & FUNDING
Supervisory Fee Model: The Digital Oversight Division will be funded through a dedicated annual levy imposed on Very Large Online Platforms. This ensures the regulator has the resources to audit trillion-dollar companies without creating a conflict of interest inherent in a fines-based funding model, and without cost to the general taxpayer.