Digital Platform Commission Act of 2023

Establishes the Federal Digital Platform Commission to regulate digital platforms, including AI processes, ensuring fairness, transparency, and safety. Provides for the creation of a Code Council to develop voluntary or enforceable policy related to digital platforms and AI processes.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Disinformation, surveillance, and influence at scale
  • Competitive dynamics
  • Governance failure
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unfair discrimination and misrepresentation
  • Exposure to toxic content
  • Compromise of privacy
  • False or misleading information
  • Pollution of information ecosystem
  • Fraud, scams, and targeted manipulation
  • Overreliance and unsafe use
  • Power centralization and unfair distribution
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 10-12 subdomains, with strong focus on malicious actors (4.1, 4.2, 4.3), discrimination and toxicity (1.1, 1.2), privacy compromise (2.1), misinformation (3.1, 3.2), competitive dynamics (6.4), governance failure (6.5), and lack of transparency (7.4). Coverage is concentrated in content harms, platform governance, and algorithmic accountability domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Scientific Research & Development Services
  • Educational Services
  • Public Administration (excl. National Security)
  • National Security

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector, as it regulates digital platforms including social media, search engines, and online services. It has minimal coverage of other sectors through references to impacts on journalism, small businesses, and government services, but the core regulatory focus is on digital platform companies operating in the information and technology sector.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act proposed by the United States Congress that establishes a Federal regulatory commission with enforcement powers, penalties, and mandatory compliance requirements for digital platforms.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is a bill introduced in the United States Senate by Mr. Bennet (for himself and Mr. Welch) to establish a Federal Digital Platform Commission.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Summary: The Act applies to digital platforms as defined in Section 3(4), which includes online services serving as intermediaries. The Commission has jurisdiction over digital platforms whose services originate or are received within the United States and affect interstate or foreign commerce.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The Act establishes the Federal Digital Platform Commission with enforcement authority, and also provides for enforcement by the Department of Justice, Federal Trade Commission, and state attorneys general.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The Commission has monitoring and oversight authority, including through annual reports, investigations, and research. The Code Council develops standards and policies. An independent panel will evaluate the Commission's effectiveness after 5 years. Third-party audits and research are enabled through transparency requirements.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages of the AI lifecycle, with some coverage of Build and Use Model through requirements for algorithmic processes. It emphasizes post-deployment oversight, transparency, auditing, and risk assessment of AI systems already in operation on digital platforms.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly mentions AI systems through references to 'algorithmic processes' including those 'derived from machine learning or other artificial intelligence techniques' and specifically mentions 'generative artificial intelligence'. It does not use terms like frontier AI, general purpose AI, foundation models, or compute thresholds, but broadly covers digital platforms that use AI processes.

https://www.congress.gov/bill/118th-congress/senate-bill/1671
https://agora.eto.tech/instrument/473
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Document data from AGORA, CSET Emerging Technology Observatory.