,i #aafth ,,congress #ast ,session ,h4 ,r4 #decf ,,in ,,the ,,house ,,of ,,representatives ,september #bf1 #bjai,ms4 ,slotkin 7for herself1 ,ms4 ,spanberger1 ,ms4 ,sherrill1 and ,ms4 ,torres ,small of ,new ,mexico7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to protect the right of the ,american public under the ,first ,amendment to the ,constitution of the ,united ,states to receive news and information from disparate sources by regulating the use of automated software programs intended to impersonate or replicate human activity on social media4 #a4 ,short title ,this ,act may be cited as the ,bot ,disclosure and ,accountability ,act of #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states ,government has a compelling interest in-- 7#a7 mitigating the deceptiveness of social media bots1 which impersonate human activity online1 through public disclosure requirements that impose a minimal burden on rights protected under the ,first ,amendment to the ,constitution of the ,united ,states2 and 7#b7 mitigating the effectiveness of efforts by foreign entities to influence ,united ,states elections through the use of social media bots to spread misinformation and propaganda4 #c4 ,public disclosure of software programs intended to impersonate or replicate human activity 7a7 ,definitions 7#a7 ,in general ,in this section-- 7,a7 the term automated software program or process intended to impersonate or replicate human activity online has the meaning given the term by the ,commission by regulation under paragraph 7#b72 7,b7 the term ,commission means the ,federal ,trade ,commission2 7,c7 the term social media provider means any person that owns or operates a social media website2 and 7,d7 the term social media website means any tool1 website1 application1 or other media that connects users on the internet for the purpose of engaging in dialogue1 sharing information1 collaborating1 and interacting4 7#b7 ,definition by regulation ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to define the term automated software program or process intended to impersonate or replicate human activity online broadly enough so that the definition is not limited to current technology4 7b7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to require a social media provider to establish and implement policies and procedures to require a user of a social media website owned or operated by the social media provider to publicly disclose the use of any automated software program or process intended to impersonate or replicate human activity online on the social media website4 7c7 ,requirements ,in promulgating regulations under subsection 7b71 the ,commission shall require a social media provider to establish and implement1 for each social media website owned or operated by the social media provider-- 7#a7 a policy that requires any user of the social media website that employs an automated software program or process intended to impersonate or replicate human activity online on the social media website to provide clear and conspicuous notice of the automated program in clear and plain language to any other person or user of the social media website who may be exposed to activities conducted by the automated program2 7#b7 a process that allows a user of the social media website to provide clear and conspicuous notice to any other person or user as required under paragraph 7#a72 7#c7 a process to identify1 assess1 and verify whether the activity of any user of the social media website is conducted by an automated software program or process intended to impersonate or replicate human activity online2 7#d7 a process by which the social media provider will take reasonable preventative and corrective action to mitigate efforts by a user to use an automated software program or process intended to impersonate or replicate human activity online without disclosure as required under paragraph 7#a71 which may include suspension or any other action authorized by the ,commission2 7#e7 a process by which the social media provider will remove posts1 images1 or any other online activity of a user or profile making use of an automated software program or process intended to impersonate or replicate human activity online that is not in compliance with the policy under paragraph 7#a72 and 7#f7 a process that allows a human user of the social media website the opportunity to demonstrate that the online activity of the user is in compliance with the policy required under paragraph 7#a7 prior to1 or immediately following1 any mitigation activity described in paragraph 7#d7 or 7#e74 7d7 ,rule of construction ,nothing in this section shall be construed to require any social media provider to permit an automated software program or process intended to impersonate or replicate human activity online on a social media website owned or operated by the social media provider4 7e7 ,enforcement 7#a7 ,unfair or deceptive acts or practices ,a violation of a regulation promulgated under subsection 7b7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,except as provided in subparagraph 7,c71 any person who violates subsection 7b7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this section1 in the same manner provided in subparagraphs 7,a7 and 7,b7 of this paragraph1 with respect to-- 7i7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and ,acts amendatory thereof and supplementary thereto2 and 7ii7 organizations not organized to carry on business for their own profit or that of their members4 7,d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4