Technically sorting by timestamp is an "algorithm" too, so I was just speaking informally rather than drafting the exact language of a piece of legislation. I would define the categories as something like algorithms determined by direct proactive user decisions (following, upvoting, etc) versus algorithms that are determined by other factors (views, watch time, behavior by similar users, etc). Basically it should always be clear why you're being served what you're being served, either because the user chose to see it or because everyone is seeing it. No more nebulous black box algorithms that give every user an experience individually designed to keep them on the platform.

This will still impact HN because of stuff like the flame war downranker they use here. However, that doesn't automatically mean HN loses Section 230 protection. HN could respond by simplifying its ranking algorithm to maintain 230 protections.

So a simple "most viewed in last month" page would trigger a loss of protection? Because that ranking is determined by number of views, rather than a proactive user decision like upvoting.