U.S. Senate Commerce Committee Chairman Ted Cruz has reintroduced the Transparency in Enforcement, Restricting, and Monitoring of Services (TERMS) Act. This legislation aims to prevent online service providers from using broadly worded terms of service agreements to silence customers based on their political beliefs. The bill addresses concerns that conservative organizations face challenges when accessing essential business technologies due to restrictive demands.
The TERMS Act mandates that online service providers such as Slack and Eventbrite clarify ambiguous terms of service policies and notify users before restricting access due to violations. Co-sponsors of the bill include Senators Marsha Blackburn, Katie Britt, Tom Cotton, Mike Crapo, Cynthia Lummis, Roger Marshall, Jim Risch, and Eric Schmitt. A companion bill has been introduced in the House by Representative Craig Goldman with co-sponsorship from Representative Randy Weber.
Senator Cruz stated: “Big Tech censorship poses a serious threat to free speech in the U.S., and my Committee has previously uncovered evidence of these platforms using vague terms of service agreements to silence conservative voices.” He emphasized that discriminatory policies have resulted in financial losses for businesses and forced conservatives into self-censorship or operational cessation.
Representative Goldman expressed support for the initiative: “I am proud to partner with Senator Cruz to push back on big tech companies who have repeatedly weaponized vague terms of service to remove conservative voices and organizations from their platforms.”
The TERMS Act is backed by several organizations including Independent Women’s Forum, Family Policy Alliance, American Principles Project, The Danbury Institute, Bull Moose Project, National Shooting Sports Foundation (NSSF), and Parents Defending Education Action.
An investigative report released by Senator Cruz in April 2024 highlighted how companies like Slack and Eventbrite used their terms of service against conservative groups. It revealed a strategy employed by Big Tech influenced by left-wing activists aimed at silencing political speech from conservative entities.
The TERMS Act would require public disclosure of acceptable use policies with advance notice when changes occur; provide written notice explaining policy violations leading to termination; and mandate annual reports detailing enforcement actions.
