[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2531 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2531

 To improve the communications between social media platforms and law 
    enforcement agencies, to establish the Federal Trade Commission 
      Platform Safety Advisory Committee, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 26, 2023

  Mr. Scott of Florida introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
 To improve the communications between social media platforms and law 
    enforcement agencies, to establish the Federal Trade Commission 
      Platform Safety Advisory Committee, 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 Online Confusion for 
Investigative Agencies and Law-enforcement by Maintaining Evidence 
Determined Interparty Arrangements Act'' or the ``SOCIAL MEDIA Act''.

SEC. 2. BETTER INVESTIGATION COMMUNICATIONS.

    (a) Law Enforcement Portal.--Not later than 90 days after the date 
of enactment of this Act, each social media platform shall--
            (1) create a law enforcement portal that meets the 
        requirements described in subsection (b) to provide--
                    (A) clear information to law enforcement on who in 
                the company to contact regarding any law enforcement 
                matter; and
                    (B) if the company has outsourced their law 
                enforcement compliance work to a third party, the 
                contact information of the third party; and
            (2) publish on the homepage of the social media platform a 
        link to such law enforcement portal.
    (b) Requirements.--The law enforcement portal created under 
subsection (a) shall include--
            (1) the name of and contact information for the lead point 
        of contact for law enforcement for the social media platform;
            (2) the phone number (which shall connect to a United 
        States-based call center that is staffed on a 24/7 basis) and 
        email address a law enforcement agency may use to contact the 
        social media platform; and
            (3) clear policy information related to law enforcement 
        investigations, such as what, if any, notice is provided to the 
        users of such platform in connection with any law enforcement 
        investigation and when such notice is provided.

SEC. 3. IMPROVING DATA COLLECTION AND REPORTING.

    (a) FTC Platform Safety Advisory Committee.--
            (1) Establishment.--
                    (A) In general.--There is established the Federal 
                Trade Commission Platform Safety Advisory Committee (in 
                this section referred to as the ``Advisory 
                Committee'').
                    (B) Purpose.--The purpose of the Advisory Committee 
                is to provide recommendations to the Commission for the 
                development of uniform reporting metrics on--
                            (i) social media platforms'--
                                    (I) monitoring or removal of 
                                illegal or illicit content on their 
                                platforms; and
                                    (II) collaboration with or referral 
                                to law enforcement regarding such 
                                content; and
                            (ii) the responsiveness of such social 
                        media platforms to law enforcement inquiries 
                        and other relevant metrics as determined by the 
                        Commission.
            (2) Membership.--
                    (A) Composition.--The Advisory Committee shall be 
                composed of 11 members, each appointed by the Chair, to 
                serve 3-year terms--
                            (i) 1 of whom shall be a representative 
                        from the Commission;
                            (ii) 1 of whom shall be a representative 
                        from the Drug Enforcement Administration;
                            (iii) 1 of whom shall be a representative 
                        from U.S. Immigration and Customs Enforcement, 
                        Homeland Security Investigations;
                            (iv) 1 of whom shall be a representative of 
                        social media platforms;
                            (v) 1 of whom shall be a representative of 
                        local law enforcement agencies;
                            (vi) 1 of whom shall be a representative of 
                        transparency advocates that comes from a 
                        nonprofit, non-governmental organization 
                        (commonly referred to as an ``NGO''), or think 
                        tank which does not receive more than 10 
                        percent of their funding support (including the 
                        value of any in-kind contribution) from a 
                        social media platform or related company;
                            (vii) 1 of whom shall be a representative 
                        from a State investigative agency;
                            (viii) 1 of whom shall be a representative 
                        from the Federal Bureau of Investigation;
                            (ix) 1 of whom shall be a representative of 
                        victims or a victim's advocacy organization 
                        which does not receive funding support from a 
                        social media platform or related company;
                            (x) 1 of whom shall be a representative 
                        from the United States Marshals Service; and
                            (xi) 1 of whom shall be a representative of 
                        the Criminal Division of the Department of 
                        Justice.
                    (B) Date.--The Chair shall make the appointments 
                described in subparagraph (A) as soon as possible after 
                the date of enactment of this Act.
                    (C) Term limitation.--An individual may not serve 
                more than 3 terms as a member of the Advisory 
                Committee.
                    (D) No compensation for members.--Each member of 
                the Advisory Committee shall serve without compensation 
                in addition to any compensation received for the 
                service of the member as an officer or employee of the 
                United States, if applicable.
            (3) Duties.--
                    (A) In general.--The Advisory Committee shall--
                            (i) provide recommendations to the 
                        Commission on--
                                    (I) developing and updating 
                                reporting metrics in accordance with 
                                subparagraph (B); and
                                    (II) periodically updating, as the 
                                Commission determines necessary, the 
                                reporting metrics described in 
                                subclause (I) through notice and 
                                comment rulemaking; and
                            (ii) not later than 1 year after the date 
                        of enactment of this Act, and annually 
                        thereafter, publish, in a single, publicly 
                        available report that allows comparison between 
                        social media platforms, the information 
                        provided under the reporting metrics described 
                        in clause (i).
                    (B) Reporting metrics.--The reporting metrics 
                described in subparagraph (A)(i) shall include, with 
                respect to a social media platform--
                            (i) the number of accounts on which the 
                        social media platform has identified an 
                        advertisement for or promotion of counterfeit 
                        substances or fentanyl, including the number of 
                        such accounts that were identified--
                                    (I) through a user report; and
                                    (II) by the platform without the 
                                use of a user report;
                            (ii) metrics relating to the social media 
                        platform's procedure, if any, for referring to 
                        law enforcement any account that advertises or 
                        otherwise promotes counterfeit substances or 
                        fentanyl, including--
                                    (I) whether the platform notifies 
                                the account holder of such referral;
                                    (II) to which law enforcement 
                                agencies the platform makes such 
                                referral; and
                                    (III) how many such referrals the 
                                platform has made during the previous 
                                12-month period;
                            (iii) during the previous 12-month period, 
                        on average, the number of orders under section 
                        2703(d) of title 18, United States Code, 
                        subpoenas, and search warrants received by the 
                        social media platform per month related to 
                        accounts on the platform that are being used 
                        for illicit activity;
                            (iv) the social media platform's average 
                        response time (not including any automated 
                        response or response confirming receipt by the 
                        platform) with respect to a subpoena issued by 
                        a law enforcement agency; and
                            (v) any other reporting metrics on illegal 
                        or illicit content (including human 
                        trafficking, child exploitation, or other 
                        crimes), as determined appropriate by the 
                        Advisory Committee.
    (b) Adoption of Reporting Metrics.--
            (1) Review of recommendations.--Not later than 30 days 
        after the date on which the Advisory Committee provides its 
        recommendations to the Commission under subsection 
        (a)(3)(A)(i), the Commission shall submit to Congress a report 
        that indicates--
                    (A) which recommendations of the Advisory Committee 
                that the Commission implemented, plans to implement, or 
                adopted; and
                    (B) which such recommendations the Commission did 
                not implement, does not plan to implement, or does not 
                adopt and a rationale for that determination.
            (2) Guidance to social media platforms.--Not later than 90 
        days after the Advisory Committee provides its recommendations 
        to the Commission under subsection (a)(3)(A)(i), the Commission 
        shall issue guidance to social media platforms describing the 
        reporting metrics adopted by the Commission.
    (c) Reporting Requirement.--Not later than 180 days after the 
Commission issues guidance under subsection (b)(2), and annually 
thereafter, each social media platform shall submit to the Commission, 
in a publicly available manner, a report that includes--
            (1) the reporting metrics required by the Commission as 
        described in subsection (a)(3)(B); and
            (2) a description of any efforts taken by the platform to 
        monitor advertisements or other information promoting illicit 
        activity on an account on the platform.

SEC. 4. ENFORCEMENT.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section 
2(a) or 3(c) or a regulation promulgated under this Act shall be 
treated as a violation of a rule defining an unfair or deceptive act or 
practice under section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)).
    (b) Powers of the Commission.--
            (1) In general.--Except as provided in paragraph (3), 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.
            (2) Privileges and immunities.--Except as provided in 
        paragraph (3), any person who violates section 2(a) or 3(c) or 
        a regulation promulgated under 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.).
            (3) 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 Act, in the same manner provided in 
        paragraphs (1) and (2), with respect to--
                    (A) common carriers subject to the Communications 
                Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory 
                thereof and supplementary thereto; and
                    (B) organizations not organized to carry on 
                business for their own profit or that of their members.
            (4) Authority preserved.--Nothing in this Act shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
            (5) Rulemaking.--The Commission shall promulgate in 
        accordance with section 553 of title 5, United States Code, 
        such rules as may be necessary to carry out this Act.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Chair.--The term ``Chair'' means the Chair of the 
        Federal Trade Commission.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Controlled substance.--The term ``controlled 
        substance'' has the meaning given that term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (4) Counterfeit substance.--The term ``counterfeit 
        substance'' has the meaning given that term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (5) Illicit activity.--The term ``illicit activity'' means 
        the unlawful production, manufacturing, distribution, 
        advertisement, or sale of a controlled substance.
            (6) Social media platform.--The term ``social media 
        platform''--
                    (A) means a website or mobile web application 
                that--
                            (i) permits a person to become a registered 
                        user, establish an account, or create a profile 
                        for the purpose of allowing the user to create, 
                        share, and view user-generated content 
                        (including goods or services offered for sale) 
                        through such an account or profile;
                            (ii) enables 1 or more users to generate 
                        content that can be viewed by other users of 
                        the platform; and
                            (iii) primarily serves as a medium for 
                        users to interact with content generated by 
                        other users of the medium and for the platform 
                        to deliver advertisements to users; and
                    (B) includes a social network, an online chat room 
                or message board, an online marketplace, and any other 
                platform determined appropriate by the Commission.
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