[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4536 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4536

 To protect the right of the American public under the First Amendment 
     to the Constitution of the United States to receive news and 
 information from disparate sources by regulating the use of automated 
 software programs intended to impersonate or replicate human activity 
                            on social media.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2019

Ms. Slotkin (for herself, Ms. Spanberger, Ms. Sherrill, and Ms. Torres 
Small of New Mexico) introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To protect the right of the American public under the First Amendment 
     to the Constitution of the United States to receive news and 
 information from disparate sources by regulating the use of automated 
 software programs intended to impersonate or replicate human activity 
                            on social media.

    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 ``Bot Disclosure and Accountability 
Act of 2019''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the United States Government has a 
compelling interest in--
            (1) mitigating the deceptiveness of social media bots, 
        which impersonate human activity online, through public 
        disclosure requirements that impose a minimal burden on rights 
        protected under the First Amendment to the Constitution of the 
        United States; and
            (2) mitigating the effectiveness of efforts by foreign 
        entities to influence United States elections through the use 
        of social media bots to spread misinformation and propaganda.

SEC. 3. PUBLIC DISCLOSURE OF SOFTWARE PROGRAMS INTENDED TO IMPERSONATE 
              OR REPLICATE HUMAN ACTIVITY.

    (a) Definitions.--
            (1) In general.--In this section--
                    (A) the term ``automated software program or 
                process intended to impersonate or replicate human 
                activity online'' has the meaning given the term by the 
                Commission by regulation under paragraph (2);
                    (B) the term ``Commission'' means the Federal Trade 
                Commission;
                    (C) the term ``social media provider'' means any 
                person that owns or operates a social media website; 
                and
                    (D) the term ``social media website'' means any 
                tool, website, application, or other media that 
                connects users on the internet for the purpose of 
                engaging in dialogue, sharing information, 
                collaborating, and interacting.
            (2) Definition by regulation.--Not later than 1 year after 
        the date of enactment of this Act, the Commission shall 
        promulgate regulations under section 553 of title 5, United 
        States Code, to define the term ``automated software program or 
        process intended to impersonate or replicate human activity 
        online'' broadly enough so that the definition is not limited 
        to current technology.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall promulgate regulations under section 
553 of title 5, United States Code, to require a social media provider 
to establish and implement policies and procedures to require a user of 
a social media website owned or operated by the social media provider 
to publicly disclose the use of any automated software program or 
process intended to impersonate or replicate human activity online on 
the social media website.
    (c) Requirements.--In promulgating regulations under subsection 
(b), the Commission shall require a social media provider to establish 
and implement, for each social media website owned or operated by the 
social media provider--
            (1) a policy that requires any user of the social media 
        website that employs an automated software program or process 
        intended to impersonate or replicate human activity online on 
        the social media website to provide clear and conspicuous 
        notice of the automated program in clear and plain language to 
        any other person or user of the social media website who may be 
        exposed to activities conducted by the automated program;
            (2) a process that allows a user of the social media 
        website to provide clear and conspicuous notice to any other 
        person or user as required under paragraph (1);
            (3) a process to identify, assess, and verify whether the 
        activity of any user of the social media website is conducted 
        by an automated software program or process intended to 
        impersonate or replicate human activity online;
            (4) a process by which the social media provider will take 
        reasonable preventative and corrective action to mitigate 
        efforts by a user to use an automated software program or 
        process intended to impersonate or replicate human activity 
        online without disclosure as required under paragraph (1), 
        which may include suspension or any other action authorized by 
        the Commission;
            (5) a process by which the social media provider will 
        remove posts, images, or any other online activity of a user or 
        profile making use of an automated software program or process 
        intended to impersonate or replicate human activity online that 
        is not in compliance with the policy under paragraph (1); and
            (6) a process that allows a human user of the social media 
        website the opportunity to demonstrate that the online activity 
        of the user is in compliance with the policy required under 
        paragraph (1) prior to, or immediately following, any 
        mitigation activity described in paragraph (4) or (5).
    (d) Rule of Construction.--Nothing in this section shall be 
construed to require any social media provider to permit an automated 
software program or process intended to impersonate or replicate human 
activity online on a social media website owned or operated by the 
social media provider.
    (e) Enforcement.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated under subsection (b) shall be treated 
        as a violation of a rule defining an unfair or deceptive act or 
        practice prescribed under section 18(a)(1)(B) of the Federal 
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Commission shall enforce this 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 section.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who violates subsection 
                (b) shall be subject to the penalties and entitled to 
                the privileges and immunities provided in the Federal 
                Trade Commission Act (15 U.S.C. 41 et seq.).
                    (C) Common carriers and nonprofit organizations.--
                Notwithstanding section 4, 5(a)(2), or 6 of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or 
                any jurisdictional limitation of the Commission, the 
                Commission shall also enforce this section, in the same 
                manner provided in subparagraphs (A) and (B) of this 
                paragraph, with respect to--
                            (i) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.) and Acts amendatory thereof and 
                        supplementary thereto; and
                            (ii) organizations not organized to carry 
                        on business for their own profit or that of 
                        their members.
                    (D) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
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