[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8463 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8463

  To prohibit and establish penalties for the use of the identity of 
another, without authorization, to make available certain information, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2024

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

_______________________________________________________________________

                                 A BILL


 
  To prohibit and establish penalties for the use of the identity of 
another, without authorization, to make available certain information, 
                        and for other 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 ``Stopping Hijacking of Identity 
Expressly for Libel on Domains Act'' or the ``SHIELD Act''.

SEC. 2. PROHIBITION ON USING IDENTITY OF ANOTHER TO MAKE AVAILABLE 
              CERTAIN INFORMATION.

    (a) Prohibition.--
            (1) In general.--A person may not make available covered 
        information on an interactive computer service.
            (2) Applicability to certain providers.--Notwithstanding 
        section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 
        230(c)(1)), paragraph (1) of this subsection applies to a 
        provider of an interactive computer service with respect to 
        information provided by another information content provider on 
        the interactive computer service.
    (b) Civil Action.--
            (1) In general.--An individual may bring a civil action 
        against a person for a violation of subsection (a) in an 
        appropriate district court of the United States.
            (2) Relief.--In a civil action brought under paragraph (1) 
        in which the plaintiff prevails, the court may award the 
        plaintiff--
                    (A) an amount equal to the sum of any actual 
                damages;
                    (B) injunctive relief, including, with respect to a 
                provider of an interactive computer service, that such 
                provider may be required to make publicly available a 
                notice explaining that the source of the applicable 
                covered information was a person other than the 
                plaintiff; and
                    (C) reasonable attorney fees and litigation costs.
    (c) Definitions.--In this section:
            (1) Covered information.--The term ``covered information'' 
        means information that is--
                    (A) libelous, slanderous, or criminal; and
                    (B) presented by a person using the identity of an 
                individual (who is not such person)--
                            (i) without the authorization of such 
                        individual; and
                            (ii) in a manner that suggests such 
                        individual is the source of such information.
            (2) Information content provider.--The term ``information 
        content provider'' has the meaning given that term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (3) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given that term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
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