Bill based on Committee probe that found online service providers weaponize terms of service agreements to silence customers 

WASHINGTON, D.C. – U.S. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas), Sen. Roger Wicker (R-Miss.), and Sen. Eric Schmitt (R-Mo.) this week introduced legislation to prevent Big Tech from silencing and denying customers access to business software over the user’s political views. The Transparency in Enforcement, Restricting, and Monitoring of Services (TERMS) Act will require online service providers to be more transparent about opaque, discriminatory terms of service policies and give consumers the information needed to decide where to take their business.

“As my Committee investigation revealed, Big Tech is increasingly weaponizing their broadly-worded terms of service agreements to silence and deny conservatives access to essential business technology,” said Sen. Cruz. “The free flow of information through freedom of speech is the bedrock of our democratic republic, which is why online service providers should, at the very least, be required to be transparent about their political discrimination. The TERMS Act will force Big Tech to disclose its discriminatory policies upfront, allowing consumers to take their business elsewhere if they so choose.”

“Companies should not hide behind obscure terms and conditions, said Sen. Wicker. “My office often hears complaints from constituents about lack of access to technology. Americans need transparency from companies. I am glad to cosponsor this bill so consumers are well informed before they make their decisions.”

“Freedom of speech is foundational to our republic, said Sen. Schmitt. “We’ve seen firsthand how Big Tech has encroached on Americans’ First Amendment rights, especially when it comes to censoring speech these platforms disagree with. That is why I am proud to support Senator Cruz’s TERMS Act, which would require these companies to be fully transparent about how they enforce their terms of service across their platforms.”

In April, Sen. Cruz released an investigative report showing how online service providers like Slack, Eventbrite, and Bonterra are weaponizing their terms of service to deny conservative organizations access to essential business technology. The investigation revealed how Big Tech is employing a roadmap—written by left-wing activists at the Southern Poverty Law Center and Anti-Defamation League—to de-platform conservative organizations for ordinary political speech. The companies allege their conservative customers’ political views violate broadly-written terms of service agreements. As a result of these sudden and unappealable removals, conservative groups have lost out on thousands of dollars in revenue and access to important services used for advocacy and business development. Read the full report HERE.

The TERMS Act will require online service providers to make public information that allows users to understand how they enforce their terms of service, and to give sufficient notice to customers when online service providers intend to cancel their accounts based on alleged violations. This will allow consumers to make informed choices when deciding to use or purchase an online service provider’s products.

More specifically, the TERMS Act would:

• Require the public disclosure of well-defined acceptable use policies;
• Require advance written notice of termination or cancellation that explains how the user violated the acceptable use policy;  
• Require publicly posted annual reports detailing actions taken to enforce the acceptable use policy; and 
• Charge the FTC with enforcement and permit State Attorneys General enforcement.

For bill text, CLICK HERE.

###