Legis Daily

American Innovation and Choice Online Act

USA117th CongressS-2992| Senate 
| Updated: 3/2/2022
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (13)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Jack Reed (Democratic)Cynthia M. Lummis (Republican)Mark R. Warner (Democratic)Lindsey Graham (Republican)Sheldon Whitehouse (Democratic)John Kennedy (Republican)Josh Hawley (Republican)Cory A. Booker (Democratic)Chuck Grassley (Republican)Steve Daines (Republican)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
American Innovation and Choice Online Act This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, unfairly limiting the availability on the platform of competing products from another business, or discriminating in the application or enforcement of the platform's terms of service among similarly situated users. Further, a platform may not materially restrict or impede the capacity of a competing business user to access or interoperate with the same platform, operating system, or hardware or software features. The bill also restricts the platform's use of nonpublic data obtained from or generated on the platform and prohibits the platform from restricting access to platform data generated by the activity of a competing business user. The bill also provides additional restrictions related to installing or uninstalling software, search or ranking functionality, and retaliation for contact with law enforcement regarding actual or potential violations of law. The bill establishes affirmative defenses for the prohibited conduct. The Federal Trade Commission and the Department of Justice must designate whether an entity is a platform covered by the bill, and both must carry out enforcement activities. The bill also provides for civil penalties, injunctions, and the forfeit of profits for repeat offenders.

Bill Text Versions

View Text
2 versions available

Suggested Questions

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Timeline
Oct 18, 2021
Introduced in Senate
Oct 18, 2021
Read twice and referred to the Committee on the Judiciary.
Jan 20, 2022
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Mar 2, 2022
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
Mar 2, 2022
Placed on Senate Legislative Calendar under General Orders. Calendar No. 301.
Dec 21, 2022

Latest Companion Bill Action

HR 117-3816
Placed on the Union Calendar, Calendar No. 475.
  • October 18, 2021
    Introduced in Senate


  • October 18, 2021
    Read twice and referred to the Committee on the Judiciary.


  • January 20, 2022
    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • March 2, 2022
    Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.


  • March 2, 2022
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 301.


  • December 21, 2022

    Latest Companion Bill Action

    HR 117-3816
    Placed on the Union Calendar, Calendar No. 475.

Commerce

Related Bills

  • HR 117-3816: American Innovation and Choice Online Act
AsiaChinaCivil actions and liabilityCompetition and antitrustComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationDigital mediaForeign and international corporationsInflation and pricesInternet, web applications, social mediaJudicial review and appealsRetail and wholesale trades

American Innovation and Choice Online Act

USA117th CongressS-2992| Senate 
| Updated: 3/2/2022
American Innovation and Choice Online Act This bill prohibits certain large online platforms from engaging in specified acts, including giving preference to their own products on the platform, unfairly limiting the availability on the platform of competing products from another business, or discriminating in the application or enforcement of the platform's terms of service among similarly situated users. Further, a platform may not materially restrict or impede the capacity of a competing business user to access or interoperate with the same platform, operating system, or hardware or software features. The bill also restricts the platform's use of nonpublic data obtained from or generated on the platform and prohibits the platform from restricting access to platform data generated by the activity of a competing business user. The bill also provides additional restrictions related to installing or uninstalling software, search or ranking functionality, and retaliation for contact with law enforcement regarding actual or potential violations of law. The bill establishes affirmative defenses for the prohibited conduct. The Federal Trade Commission and the Department of Justice must designate whether an entity is a platform covered by the bill, and both must carry out enforcement activities. The bill also provides for civil penalties, injunctions, and the forfeit of profits for repeat offenders.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Oct 18, 2021
Introduced in Senate
Oct 18, 2021
Read twice and referred to the Committee on the Judiciary.
Jan 20, 2022
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Mar 2, 2022
Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
Mar 2, 2022
Placed on Senate Legislative Calendar under General Orders. Calendar No. 301.
Dec 21, 2022

Latest Companion Bill Action

HR 117-3816
Placed on the Union Calendar, Calendar No. 475.
  • October 18, 2021
    Introduced in Senate


  • October 18, 2021
    Read twice and referred to the Committee on the Judiciary.


  • January 20, 2022
    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.


  • March 2, 2022
    Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.


  • March 2, 2022
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 301.


  • December 21, 2022

    Latest Companion Bill Action

    HR 117-3816
    Placed on the Union Calendar, Calendar No. 475.
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (13)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Jack Reed (Democratic)Cynthia M. Lummis (Republican)Mark R. Warner (Democratic)Lindsey Graham (Republican)Sheldon Whitehouse (Democratic)John Kennedy (Republican)Josh Hawley (Republican)Cory A. Booker (Democratic)Chuck Grassley (Republican)Steve Daines (Republican)Richard Blumenthal (Democratic)

Judiciary Committee

Commerce

Related Bills

  • HR 117-3816: American Innovation and Choice Online Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
AsiaChinaCivil actions and liabilityCompetition and antitrustComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationDigital mediaForeign and international corporationsInflation and pricesInternet, web applications, social mediaJudicial review and appealsRetail and wholesale trades