DETOUR Act

This bill prohibits large online operators from using exploitative and deceptive practices in their user interfaces and behavioral research, and promotes transparency and consumer choice. It applies to online services with over 100,000,000 authenticated users in any 30-day period.

Sec. 2, Definitions: Defines key terms including 'affirmative express consent' (a clear, free, informed user action, excluding consent from children or teens), 'compulsive usage' (repetitive behavior causing distress), 'covered research' (behavioral experiments manipulating user emotions), 'large online operator' (over 100 million users in 30 days), 'user autonomy' (technical ability to interact as intended), and 'user data' (information linked to an individual, excluding aggregated or de-identified data).

Sec. 3, Unfair and deceptive acts and practices relating to the manipulation of user interfaces: Prohibits large online operators from designing interfaces to obscure user autonomy or obtain consent deceptively, from segmenting users for covered research without affirmative express consent, and from designing interfaces for children or teens to encourage compulsive usage (e.g., auto-play without consent). Requires operators to disclose covered research to users and the public every 90 days, delete user data if consent is missing, allow users to opt out of research, and establish an independent review board to oversee research and design.

Sec. 4, National Institute of Standards and Technology resources: Directs the National Institute of Standards and Technology to develop consensus-based resources within 540 days on user interface design that supports user autonomy, including usability testing methods and examples of restrictive designs.

Sec. 5, Enforcement by the Commission: Treats violations as unfair or deceptive acts under the Federal Trade Commission Act, gives the Federal Trade Commission enforcement powers, and requires the Commission to issue regulations within 2 years on independent review boards and to define conduct that does not impair user autonomy or encourage compulsive usage in children or teens, including a safe harbor for good-faith reliance on those definitions.