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Con   gressionol Research Service
Informing the IegisI9tive debate since 1914


July 27, 2023


Social Media Algorithms: Content Recommendation,

Moderation, and Congressional Considerations


Social media plays an integral role in modern life for many.
It facilitates the spread of information and serves as a key
source of news, entertainment, and financial opportunity. In
2022, over 70% of Americans received some of their news
from social media, according to the Pew Research Center.
Recently, social media companies have faced criticism for
potentially enabling the spread of harmful content,
suppressing certain viewpoints, contributing to social
polarization and radicalization, collecting and monetizing
personal data, and adversely affecting children. As part of
broader discussions around social media, some stakeholders
and policymakers have taken interest in legislative
proposals to regulate or address social media algorithms.

This In Focus provides a high-level overview of content
recommendation  and moderation algorithms employed by
social media platforms. It examines issues that arise from
the use of social media algorithms and discusses
considerations for Congress.

Overview of Social Media Algorithms
Social media companies use a number of algorithms and
artificial intelligence (AI) systems to recommend or
moderate content on their platforms and perform a variety
of other functions. Algorithmic recommendation systems
sort, curate, and disseminate content deemed relevant to
specific users. Algorithmic content moderation systems are
often used, along with human moderators, to identify and
restrict illegal material and content that violates a
company's  policies and terms of use and service. Social
media companies may  also use algorithms for other
purposes, such as targeting and delivering digital
advertising or providing in-app search functions.

Due to definitional ambiguity, algorithms are often
conflated with a variety of different technologies and
applications. For example, algorithms are often
colloquially used to refer to artificial intelligence, but the
two terms are not synonymous. Certain algorithms may fall
under the broad category of Al (such as machine learning
algorithms), while others do not use the predictive or data-
mining techniques that are characteristic of Al. Due to this
definitional ambiguity, some scholars and policymakers
have opted to instead use the language of automated
decision-making systems or automated systems in
broader policy discussions-such as in the White House's
Blueprint for an Al Bill of Rights. Additionally, some
scholars and policymakers instead focus on specific
outcomes and impacts regardless of what technology or
technologies are implicated-such as discriminatory or
disparate impacts. Congress may consider what language
and terms are best suited for legislation targeting social
media, or other technologies.


                    Definitions
 * Algorithm: A specific process or sequence of
   computational steps followed by a computer in performing a
   task or problem-solving operation. Algorithms vary in
   complexity depending on the task and context.
  Recommendation Systems: Systems   that use algorithms
   to personalize the sorting, ranking, and displaying of content
   for a user based on their previous engagements and other
   collected data. Also called recommendation engines or
   recommendation algorithms.
  Moderation  Systems: Systems that use algorithms to
   identify, filter, and flag undesirable or illegal content for
   removal, demonetization, downranking, or other forms of
   moderation.

Section 230 and Algorithms
Section 230 of the Communications Act of 1934 (47 U.S.C.
§230), enacted as part of the Communications Decency Act
of 1996, broadly protects providers of interactive computer
services from liability for information provided by a third
party and content moderation decisions. There has been
debate whether Section 230 liability protections should
extend to the use of recommendation algorithms. So far,
courts have held that recommendation algorithms are
protected under Section 230.

In 2023, the Supreme Court declined to weigh in on the
Section 230 issue in two cases: Twitter v. Taamneh, No.
21-1496, and Gonzalez v. Google LLC, No. 21-1333. Both
cases considered whether social media companies could be
liable for recommending terrorist content. The Court did
not rule on whether Section 230 granted immunity to the
companies' recommendation  algorithms. Instead, it
concluded that the companies-regardless of Section 230-
were not liable under the relevant antiterrorism federal
statute because their conduct did not amount to aiding and
abetting an act of international terrorism. For more
information on Section 230, see CRS Report R46751,
Section 230: An Overview, by Valerie C. Brannon and Eric
N. Holmes.

Issues   and  Concerns
Algorithms are a key component of social media platforms.
They help sort, moderate, and disseminate massive volumes
of user-generated content to individuals. This in turn
facilitates targeted digital advertising, a major source of
revenue for social media platforms. However,
policymakers, stakeholders, and researchers have raised
concerns about their use.


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