Social Media Accountability and Account Verification Act
This bill requires a social media company to remove a deceptive or fraudulent account or profile from its platform and to verify the creator of an account that is alleged to be deceptive or fraudulent.
Specifically, a social media company must establish a means whereby a user may request the investigation and removal of a deceptive account or profile. The social media company must expeditiously remove or disable access to a deceptive account or profile and any materials or messages published therefrom.
Further, a social media company must notify a user who submits such a request of any reasons underlying a determination that an account or profile is not deceptive, and it must take escalating actions against an individual who makes false or bad faith requests for the investigation and removal of an account or profile.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4653 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
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