[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4653

   To prohibit the creation and use of fake social media accounts or 
   profiles and the sending of fraudulent emails or other electronic 
messages, and to require certain social media companies to remove fake 
         or harmful accounts and profiles from their platforms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2021

Mr. Kinzinger introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To prohibit the creation and use of fake social media accounts or 
   profiles and the sending of fraudulent emails or other electronic 
messages, and to require certain social media companies to remove fake 
         or harmful accounts and profiles from their platforms.

    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 ``Social Media Accountability and 
Account Verification Act''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) The term ``appropriate congressional committees'' means 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            (2) The term ``Commission'' means the Federal Trade 
        Commission.
            (3) The term ``deceptive account or profile'' means, with 
        respect to a social media platform, an account or profile 
        created by a user that--
                    (A)(i) purports to be of an individual who is not 
                the individual who created such account or profile; or
                    (ii) uses the name or likeness of another 
                individual; and
                    (B) is utilized by a user to--
                            (i) perpetrate or attempt to perpetrate 
                        financial or physical harm, or threat of 
                        financial or physical harm, or other crime 
                        against another user; or
                            (ii) furnish information to other users as 
                        a means of assisting or participating in 
                        financial or physical harm, or threat of 
                        financial or physical harm, or another crime 
                        against another user.
            (4) The term ``social media company'' means any person that 
        owns, manages, or operates a social media platform.
            (5) The term ``social media platform''--
                    (A) means a website or internet medium that--
                            (i) permits a person to become a registered 
                        user, establish an account, or create a profile 
                        for the purpose of allowing users to create, 
                        share, and view user-generated content through 
                        such an account or profile;
                            (ii) enables one or more users to generate 
                        content that can be viewed by other users of 
                        the medium; and
                            (iii) primarily serves as a medium for 
                        users to interact with content generated by 
                        other users of the medium; and
                    (B) does not include--
                            (i) any such platform that serves fewer 
                        than 100,000 users;
                            (ii) an email program, email distribution 
                        lists, multi-person text message groups, or a 
                        website that is primarily for the purpose of 
                        internet commerce;
                            (iii) a private platform or messaging 
                        service used by an entity solely to communicate 
                        with others employed by or affiliated with such 
                        entity; or
                            (iv) an internet-based platform whose 
                        primary purpose is--
                                    (I) to allow users to post product 
                                reviews, business reviews, travel 
                                information and reviews; or
                                    (II) to provide news or 
                                entertainment content, but that may 
                                also include a comment section for 
                                users to discuss such news or 
                                entertainment content.

SEC. 3. LIMITED RULEMAKING RELATED TO USER ACCOUNT VERIFICATION.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Commission shall issue regulations under 
section 553 of title 5, United States Code, to require social media 
companies to remove deceptive or fraudulent accounts or profiles from 
their social media platforms and, to the greatest extent practicable, 
verify the creator of such accounts.
    (b) Required Components.--The regulations issued under this section 
shall include and be limited to the following requirements for social 
media companies:
            (1) Establishment of a readily available means by which an 
        individual user may request a social media company to 
        investigate and remove a deceptive account or profile or 
        multiple similar accounts or profiles, including a requirement 
        that the social media company, upon notification of a verified 
        complaint regarding a deceptive user account or profile as 
        described in this Act, responds expeditiously within a 
        reasonable time, but no later than 45 days, to remove, or 
        disable access to, any deceptive account or profile and any 
        other materials and messages published through that account or 
        profile named in such request. The Commission shall include 
        instructions on its internet website on how a user may make 
        such a request to a social media company.
            (2) If, after an investigation into the deceptive account 
        or profile requested to be removed under paragraph (1), a 
        social media company determines such account or profile is not 
        deceptive, the social media company shall expeditiously within 
        a reasonable time, but no later than 45 days, notify the 
        individual submitting the request the reasons for making such 
        determination. Such notification shall provide such individual 
        the website address (or a hyperlink to such address) to the 
        Commission's web page so that the individual may register a 
        complaint with the Commission that the social media company may 
        not be in compliance with the regulations issued under this 
        section.
            (3) A requirement that a social media company take 
        escalating actions against individuals who make false or bad 
        faith requests under paragraph (1), including a warning, 
        suspension of any accounts of such individuals, and banning 
        such individuals from the social media platform.
    (c) Public Comment on Other Matters To Be Considered.--
            (1) In general.--The Commission shall solicit public 
        comment on including in its rulemaking--
                    (A) the most effective, feasible, and appropriate 
                means for a social media company to verify that an 
                account or profile is not deceptive and contrary to the 
                purpose of this Act;
                    (B) the feasibility, potential effectiveness, and 
                appropriateness of a requirement for social media 
                companies to develop programs to conduct reverse-image 
                searches across the social media company's social media 
                platform, and across the internet to determine if any 
                image of an individual used as a profile picture for a 
                user is--
                            (i) such individual's actual likeness; or
                            (ii) an image also used by other users; and
                    (C) a requirement that if a social media company 
                determines that a user's profile picture is not their 
                unique likeness after the reviews conducted pursuant to 
                paragraph (2) to flag the account or profile for 
                additional screening and review in an effort to 
                determine if an account is deceptive for purposes of 
                this Act.
            (2) Limitation.--Any reverse-image searches conducted by a 
        social media company pursuant to a rulemaking under this 
        section shall be conducted for the sole purpose of determining 
        if an account or profile on such company's social media 
        platform is deceptive for purposes of this Act.
    (d) Periodic Review and Updates.--The Commission shall, as 
appropriate, but not fewer than once every 7 years, review the 
regulations issued pursuant to this section, and if Commission 
determines such regulations should be updated, the Commission shall 
report recommendations for such changes to the appropriate 
Congressional committees for consideration whether to confer additional 
rulemaking authority to the Commission. Nothing in this section shall 
be construed to confer any new authorities or powers upon the 
Commission beyond what is described in this section.
    (e) Factors To Consider.--In issuing the regulations under this 
section and any requirements imposed by such regulations, the 
Commission--
            (1) may take into consideration--
                    (A) the size of, and the nature, scope, and 
                complexity of, the activities engaged in by such social 
                media companies;
                    (B) the feasibility of complying with each 
                regulation;
                    (C) the current state of the art in administrative 
                and technical means for accomplishing objectives 
                described in subsections (a) and (b); and
                    (D) the cost to social media companies of 
                implementing policies, practices, and procedures 
                necessary to comply with this Act; and
            (2) shall strive to make each regulation reasonable, 
        flexible, and risk-based for different sizes and practices of 
        social media platforms covered by this Act.

SEC. 4. ENFORCEMENT BY COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of a 
regulation issued under section 3 shall be treated as an unfair and 
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.
    (b) Powers of Commission.--The Commission shall enforce this Act 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, and any social media company subject 
to the Commission's authority who violates this Act 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.). Nothing in 
this Act shall be construed to limit the authority of the Federal Trade 
Commission under any other provision of law.
    (c) Effect of Guidance.--No guidance issued by the Commission with 
respect to this Act shall confer any rights on any person, State, or 
locality, nor shall operate to bind the Commission or any person to the 
approach recommended in such guidelines. The Commission shall not base 
an enforcement action on, or execute a consent order based on, 
practices that are alleged to be inconsistent with any such guidelines, 
unless the practices allegedly violate a provision of such regulations.
    (d) Opportunity To Cure.--Before being assessed any civil penalty 
for a violation of such regulations, a social media company shall be 
afforded a reasonable opportunity to bring itself into compliance with 
such regulations. If a social media company does not meet the 
requirements of such regulations, the social media company shall have 
an opportunity to explain to the Commission the reasons for 
noncompliance as well as the actions the social media company intends 
to come into compliance with such requirements.

SEC. 5. REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Commission, in consultation with other entities, as appropriate, shall 
issue a report to Congress, including--
            (1) an assessment of--
                    (A) general compliance with this Act by social 
                media companies; and
                    (B) the efficacy of social media companies' 
                processes to comply with this Act; and
            (2) any policy recommendations for Congress to consider 
        that the Commission determines to be necessary for or would 
        facilitate the enforcement of this Act.
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