,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fehf ,,in ,,the ,,house ,,of ,,representatives ,april #ba1 #bjbj,mr4 ,kinzinger introduced the following bill2 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 messages1 and to require certain social media companies to remove fake or harmful accounts and profiles from their platforms4 #a4 ,short title ,this ,act may be cited as the ,social ,media ,accountability and ,account ,verification ,act4 #b4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,the term appropriate congressional committees means ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,the term deceptive account or profile means1 with respect to a social media platform1 an account or profile created by a user that-- 7,a7 7i7 purports to be of an individual who is not the individual who created such account or profile2 or 7ii7 uses the name or likeness of another individual2 and 7,b7 is utilized by a user to-- 7i7 perpetrate or attempt to perpetrate financial or physical harm1 or threat of financial or physical harm1 or other crime against another user2 or 7ii7 furnish information to other users as a means of assisting or participating in financial or physical harm1 or threat of financial or physical harm1 or another crime against another user4 7#d7 ,the term social media company means any person that owns1 manages1 or operates a social media platform4 7#e7 ,the term social media platform-- 7,a7 means a website or internet medium that-- 7i7 permits a person to become a registered user1 establish an account1 or create a profile for the purpose of allowing users to create1 share1 and view user-generated content through such an account or profile2 7ii7 enables one or more users to generate content that can be viewed by other users of the medium2 and 7iii7 primarily serves as a medium for users to interact with content generated by other users of the medium2 and 7,b7 does not include-- 7i7 any such platform that serves fewer than #ajj1jjj users2 7ii7 an email program1 email distribution lists1 multi-person text message groups1 or a website that is primarily for the purpose of internet commerce2 7iii7 a private platform or messaging service used by an entity solely to communicate with others employed by or affiliated with such entity2 or 7iv7 an internet-based platform whose primary purpose is-- 7,i7 to allow users to post product reviews1 business reviews1 travel information and reviews2 or 7,,ii7 to provide news or entertainment content1 but that may also include a comment section for users to discuss such news or entertainment content4 #c4 ,limited rulemaking related to user account verification 7a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,commission shall issue regulations under section #eec of title #e1 ,united ,states ,code1 to require social media companies to remove deceptive or fraudulent accounts or profiles from their social media platforms and1 to the greatest extent practicable1 verify the creator of such accounts4 7b7 ,required components ,the regulations issued under this section shall include and be limited to the following requirements for social media companies3 7#a7 ,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 profiles1 including a requirement that the social media company1 upon notification of a verified complaint regarding a deceptive user account or profile as described in this ,act1 responds expeditiously within a reasonable time1 but no later than #de days1 to remove1 or disable access to1 any deceptive account or profile and any other materials and messages published through that account or profile named in such request4 ,the ,commission shall include instructions on its internet website on how a user may make such a request to a social media company4 7#b7 ,if1 after an investigation into the deceptive account or profile requested to be removed under paragraph 7#a71 a social media company determines such account or profile is not deceptive1 the social media company shall expeditiously within a reasonable time1 but no later than #de days1 notify the individual submitting the request the reasons for making such determination4 ,such notification shall provide such individual the website address 7or a hyperlink to such address7 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 section4 7#c7 ,a requirement that a social media company take escalating actions against individuals who make false or bad faith requests under paragraph 7#a71 including a warning1 suspension of any accounts of such individuals1 and banning such individuals from the social media platform4 7c7 ,public comment on other matters ,to be considered 7#a7 ,in general ,the ,commission shall solicit public comment on including in its rulemaking-- 7,a7 the most effective1 feasible1 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 ,act2 7,b7 the feasibility1 potential effectiveness1 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 platform1 and across the internet to determine if any image of an individual used as a profile picture for a user is-- 7i7 such individual's actual likeness2 or 7ii7 an image also used by other users2 and 7,c7 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 7#b7 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 ,act4 7#b7 ,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 ,act4 7d7 ,periodic review and updates ,the ,commission shall1 as appropriate1 but not fewer than once every #g years1 review the regulations issued pursuant to this section1 and if ,commission determines such regulations should be updated1 the ,commission shall report recommendations for such changes to the appropriate ,congressional committees for consideration whether to confer additional rulemaking authority to the ,commission4 ,nothing in this section shall be construed to confer any new authorities or powers upon the ,commission beyond what is described in this section4 7e7 ,factors ,to consider ,in issuing the regulations under this section and any requirements imposed by such regulations1 the ,commission-- 7#a7 may take into consideration-- 7,a7 the size of1 and the nature1 scope1 and complexity of1 the activities engaged in by such social media companies2 7,b7 the feasibility of complying with each regulation2 7,c7 the current state of the art in administrative and technical means for accomplishing objectives described in subsections 7a7 and 7b72 and 7,d7 the cost to social media companies of implementing policies1 practices1 and procedures necessary to comply with this ,act2 and 7#b7 shall strive to make each regulation reasonable1 flexible1 and risk-based for different sizes and practices of social media platforms covered by this ,act4 #d4 ,enforcement by ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of a regulation issued under section #c shall be treated as an unfair and deceptive act or practice in violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7b7 ,powers of commission ,the ,commission shall enforce this ,act 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 ,act1 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 7#ae ,u4,s4,c4 #da et seq474 ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7c7 ,effect of guidance ,no guidance issued by the ,commission with respect to this ,act shall confer any rights on any person1 ,state1 or locality1 nor shall operate to bind the ,commission or any person to the approach recommended in such guidelines4 ,the ,commission shall not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any such guidelines1 unless the practices allegedly violate a provision of such regulations4 7d7 ,opportunity ,to cure ,before being assessed any civil penalty for a violation of such regulations1 a social media company shall be afforded a reasonable opportunity to bring itself into compliance with such regulations4 ,if a social media company does not meet the requirements of such regulations1 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 requirements4 #e4 ,report ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in consultation with other entities1 as appropriate1 shall issue a report to ,congress1 including-- 7#a7 an assessment of-- 7,a7 general compliance with this ,act by social media companies2 and 7,b7 the efficacy of social media companies' processes to comply with this ,act2 and 7#b7 any policy recommendations for ,congress to consider that the ,commission determines to be necessary for or would facilitate the enforcement of this ,act4