H.R. 2645 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2645 IN THE HOUSE OF REPRESENTATIVES July 10, 2013 Mr. Duncan of Tennessee (for himself and Ms. Ros-Lehtinen) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit providers of social media services from using self-images uploaded by minors for commercial purposes. 1. Short title This Act may be cited as the Forbidding Advertisement Through Child Exploitation Act of 2013, or the FACE Act of 2013. 2. Prohibition on commercial use by social media services of uploaded self-images of minors (a) In general A provider of a social media service may not intentionally or knowingly use for a commercial purpose a self-image uploaded to such service by a minor. (b) Regulations The Federal Trade Commission may promulgate regulations under section 553 of title 5, United States Code, to implement this section. 3. Application and enforcement (a) General application The requirements of section 2 and the regulations promulgated under such section apply, according to their terms, to those persons, partnerships, and corporations over which the Federal Trade Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 2 or a regulation promulgated under such section shall be treated as an unfair or 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. (2) Powers of commission The Federal Trade Commission shall enforce section 2 and the regulations promulgated under such section 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. Any person who violates section 2 or a regulation promulgated under such section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Enforcement by State attorneys general (1) In general In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice in violation of section 2 or a regulation promulgated under such section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin such act or practice; (B) enforce compliance with such section or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action. (3) Authority of Federal Trade Commission On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (4) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. 4. Effect on State law Nothing in this Act preempts any provision of law of a State or a political subdivision of a State that is more protective with respect to commercial use of self-images uploaded by minors to social media services. 5. Definitions In this Act: (1) Self-image The term self-image means, with respect to an individual, an image that depicts the individual. (2) Social media service The term social media service means any online service that allows an individual to upload, store, and manage personal content in order to share the content with other individuals. 6. Effective date This Act shall take effect on the date that is 6 months after the date of the enactment of this Act.