[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2645 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2645

 To prohibit providers of social media services from using self-images 
              uploaded by minors for commercial purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2013

 Mr. Duncan of Tennessee (for himself and Ms. Ros-Lehtinen) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit providers of social media services from using self-images 
              uploaded by minors for commercial purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forbidding Advertisement Through 
Child Exploitation Act of 2013'', or the ``FACE Act of 2013''.

SEC. 2. PROHIBITION ON COMMERCIAL USE BY SOCIAL MEDIA SERVICES OF 
              UPLOADED SELF-IMAGES OF MINORS.

    (a) In General.--A provider of a social media service may not 
intentionally or knowingly use for a commercial purpose a self-image 
uploaded to such service by a minor.
    (b) Regulations.--The Federal Trade Commission may promulgate 
regulations under section 553 of title 5, United States Code, to 
implement this section.

SEC. 3. APPLICATION AND ENFORCEMENT.

    (a) General Application.--The requirements of section 2 and the 
regulations promulgated under such section apply, according to their 
terms, to those persons, partnerships, and corporations over which the 
Federal Trade Commission has authority pursuant to section 5(a)(2) of 
the Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        section 2 or a regulation promulgated under such section shall 
        be treated as an unfair or deceptive act or practice in 
        violation of a regulation under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce section 2 and the regulations promulgated under 
        such section in the same manner, by the same means, and with 
        the same jurisdiction, powers, and duties as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
        part of this Act. Any person who violates section 2 or a 
        regulation promulgated under such section shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
    (c) Enforcement by State Attorneys General.--
            (1) In general.--In any case in which the attorney general 
        of a State, or an official or agency of a State, has reason to 
        believe that an interest of the residents of such State has 
        been or is threatened or adversely affected by an act or 
        practice in violation of section 2 or a regulation promulgated 
        under such section, the State, as parens patriae, may bring a 
        civil action on behalf of the residents of the State in an 
        appropriate State court or an appropriate district court of the 
        United States to--
                    (A) enjoin such act or practice;
                    (B) enforce compliance with such section or such 
                regulation;
                    (C) obtain damages, restitution, or other 
                compensation on behalf of residents of the State; or
                    (D) obtain such other legal and equitable relief as 
                the court may consider to be appropriate.
            (2) Notice.--Before filing an action under this subsection, 
        the attorney general, official, or agency of the State involved 
        shall provide to the Federal Trade Commission a written notice 
        of such action and a copy of the complaint for such action. If 
        the attorney general, official, or agency determines that it is 
        not feasible to provide the notice described in this paragraph 
        before the filing of the action, the attorney general, 
        official, or agency shall provide written notice of the action 
        and a copy of the complaint to the Federal Trade Commission 
        immediately upon the filing of the action.
            (3) Authority of federal trade commission.--On receiving 
        notice under paragraph (2) of an action under this subsection, 
        the Federal Trade Commission shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all matters 
                arising therein; and
                    (C) to file petitions for appeal.
            (4) Rule of construction.--For purposes of bringing a civil 
        action under this subsection, nothing in this Act shall be 
        construed to prevent an attorney general, official, or agency 
        of a State from exercising the powers conferred on the attorney 
        general, official, or agency by the laws of such State to 
        conduct investigations, administer oaths and affirmations, or 
        compel the attendance of witnesses or the production of 
        documentary and other evidence.

SEC. 4. EFFECT ON STATE LAW.

    Nothing in this Act preempts any provision of law of a State or a 
political subdivision of a State that is more protective with respect 
to commercial use of self-images uploaded by minors to social media 
services.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Self-image.--The term ``self-image'' means, with 
        respect to an individual, an image that depicts the individual.
            (2) Social media service.--The term ``social media 
        service'' means any online service that allows an individual to 
        upload, store, and manage personal content in order to share 
        the content with other individuals.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the date that is 6 months after the 
date of the enactment of this Act.
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