116 HR 8409 IH: Countering Foreign Malign Influence Act of 2022
U.S. House of Representatives
2022-07-18
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I
117th CONGRESS
2d Session
H. R. 8409
IN THE HOUSE OF REPRESENTATIVES
July 18, 2022
Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Permanent Select Committee on Intelligence
A BILL
To make certain modifications relating to the Social Media Data and Threat Analysis Center for the purpose of improving cooperative actions to detect and counter foreign influence operations, and for other purposes.
1.

Short title
This Act may be cited as the “Countering Foreign Malign Influence Act of 2022”.
2.

Modifications to Social Media Data and Threat Analysis Center
(a)

FFRDC
Paragraph (1) of subsection (c) of section 5323 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92; 50 U.S.C. 3369) is amended by inserting before the period at the end the following: “or a federally funded research and development center”.
(b)

Functions
Paragraph (2) of such subsection is amended to read as follows:
“(2)

Functions
The functions described in this paragraph are the following:
(A)
Acting as a convening and sponsoring authority for social media companies, other internet companies, third-party experts, nongovernmental organizations, data journalists, federally funded research and development centers, academic researchers, traditional media, and international counterparts, as appropriate, to collectively, cooperatively, and proactively identify, analyze, and counter the threats posed by internet-based foreign malign influence activities on social media platforms and other affected internet-based platforms.
(B)
Facilitating tactical and strategic analysis of internet-based foreign malign influence activities, within and across the individual social media platforms or other affected public-facing online platforms, including with respect to—
(i)
hacking and leaking campaigns;
(ii)
coordinated inauthentic behavior;
(iii)
manipulation of social media algorithms or search engine results;
(iv)
machine-manipulated media;
(v)
cut-out or proxy internet platforms, blogs, or similar properties;
(vi)
fake, deceptive, or inauthentic online profiles, including accounts that consist mainly of automated actions (commonly referred to as “bots”);
(vii)
disinformation campaigns; and
(viii)
any other tactics assessed as supporting foreign malign influence through internet-based covert or undeclared means, and unlawful activities that fund or subsidize such operations.
(C)
Developing processes and best practices for sharing relevant information, indicators, and findings about internet-based foreign malign influence activities among elements of the United States Government and the individual social media platforms and other public-facing internet-based platforms to inform threat analysis and provide timely warning of such foreign malign influence activities, working with the Office of the Director of National Intelligence as appropriate.
(D)
Developing and making public criteria for identifying which stakeholders qualify for inclusion in the activities of the Center, and inviting entities that fit the criteria to join or otherwise participate.
(E)
Determining jointly with social media companies and other public-facing internet-based platforms what categories of data and metadata related to indicators of internet-based foreign malign influence activities from their platforms and business operations will be made available for access and analysis by participants of the Center.
(F)
Developing and making public the criteria and standards for data handling, data security, and data privacy that must be met for participants of the Center to access and analyze data relating to internet-based foreign malign influence activities within and across social media or other public-facing internet-based platforms, and to publish or otherwise use the results.
(G)
Developing and making public the ethical standards for—
(i)
investigation of internet-based foreign malign influence activities;
(ii)
the use of indicators, findings, or analyses relating to such activities;
(iii)
the protection of the privacy, civil liberties, and constitutionally protected activities of the customers and users of the social media platforms and public-facing internet-based platforms; and
(iv)
the protection the proprietary information of the social media companies and other affected internet-based platforms.
(H)
Developing technical, contractual, and procedural controls to prevent misuse of data, including any necessary auditing procedures, compliance checks, and review mechanisms.
(I)
Developing and making public criteria and conditions under which social media platforms and other affected public-facing internet-based platforms shall proactively share with the appropriate elements of the United States Government data, metadata, or indicators pertaining to assessed internet-based foreign malign influence activities, including such criteria and conditions that address—
(i)
the timeliness and consistency with which social media platforms or other affected public-facing internet-based platforms shall share such data, metadata, or indicators (including with respect to real-time sharing);
(ii)
the categories of data, metadata, and indicators to be shared, including with respect to the activities specified in subparagraph (B); and
(iii)
the protection of the privacy, civil liberties, and constitutionally protected activities of users and customers of social media platforms and other public-facing internet-based platforms.
(J)
Hosting a searchable archive aggregating information related to foreign influence and disinformation operations to—
(i)
build a collective understanding of internet-based foreign malign influence activities; and
(ii)
facilitate future examination consistent with privacy and civil liberties protections for users and customers of social media platforms and other public-facing internet-based platforms.
(K)
Developing data standards and protocols to harmonize and facilitate the timely sharing of information pursuant to this paragraph.”.