S. 3193 — Algorithm Accountability Act

This section amends Section 230 of the Communications Act of 1934 (47 U.S.C. 230), which provides civil immunity to providers and users of interactive computer services (i.e., online platforms) for third-party content, by redesignating subsection (f) as subsection (g) and inserting new subsection (f) to impose a duty of care on providers of social media platforms—defined as for-profit interactive computer services with at least 1,000,000 registered users that enable user-generated content sharing and interaction, excluding email, messaging, private enterprise tools, video conferencing, and similar services—for the design, training, testing, deployment, operation, and maintenance of recommendation-based algorithms. The duty requires reasonable care to prevent reasonably foreseeable bodily injury or death to or inflicted by platform users that is attributable to the algorithm, excluding chronological sorting or initial user-initiated search results (though liability applies post-navigation from search results); enforcement includes loss of immunity under Section 230(c)(1), a private right of action for compensatory and punitive damages by injured parties or their representatives, invalidation of predispute arbitration agreements and joint-action waivers (with courts determining applicability), and preservation of more protective state or federal laws. The provision includes First Amendment protections barring enforcement based on protected speech viewpoints and a severability clause.