,,ii #aafth ,,congress #ast ,session ,s4 #babe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af1 #bjai,mrs4 ,feinstein introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 ,findings ,congress finds the following3 7#a7 ,according to the ,pew ,research ,center1 in #bjje1 only #e percent of adults in the ,united ,states used online social media1 but by #bjah1 #fi percent of adults in the ,united ,states reported using some type of social media1 including #hh percent of adults under the age of #bi1 and #fg percent of adults in the ,united ,states reportedly obtained some of their news from social media1 including #gh percent of adults under the age of #ej4 7#b7 ,in #bjaf1 a study titled ,social bots distort the #bjaf ,u4,s4 ,presidential election online discussion found that1 during the #bjaf ,united ,states presidential election1 approximately #djj1jjj1 or #ae percent1 of the users of the social media website ,twitter who discussed the election were social media bots4 ,those bots produced #c1hjj1jjj tweets1 which accounted for #ai percent of all tweets regarding the election4 7#c7 ,in #bjag1 a report published by researchers from the ,university of ,oxford and the ,university of ,pennsylvania titled ,computational ,propaganda in the ,united ,states3 ,manufacturing ,consensus ,online noted that1 ,according to many of the people interviewed for the report1 including political bot makers and campaign personnel1 the goals of bot-driven tactics are manifold3 to create a bandwagon effect1 to build fake social media trends by automatically spreading hashtags1 and even to suppress the opinions of the opposition44 7#d7 ,in testimony before the ,committee on the ,judiciary of the ,senate1 representatives from ,twitter reported that1 of the #b1geb ,twitter accounts associated with the ,russian intelligence unit known as the ,internet ,research ,agency1 more than #dg percent were social media bots4 7#e7 ,in #bjag1 the ,oxford ,internet ,institute found that ,russian government social media bots were used to manipulate highly targeted and consequential segments of the electorate of the ,united ,states4 ,researchers found that1 of all tweets related to the #bjaf ,united ,states presidential election1 ,russian propaganda constituted-- 7,a7 #dj percent of such tweets directed to ,pennsylvania residents2 7,b7 #cd percent of such tweets directed to ,michigan residents2 7,c7 #cj percent of such tweets directed to ,wisconsin residents2 7,d7 #da percent of such tweets directed to ,florida residents2 7,e7 #dj percent of such tweets directed to ,north ,carolina residents2 and 7,f7 #ce percent of such tweets directed to ,ohio residents4 7#f7 ,in ,associated ,press v4 ,united ,states1 #cbf ,u4,s4 #a 7#aide71 the ,supreme ,court found1 ,it would be strange indeed1 however1 if the grave concern for freedom of the press which prompted adoption of the ,first ,amendment should be read as a command that the government was without power to protect that freedom44 #c4 ,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 7#b7 regulating the use of social media bots in political advertising1 which is intended to deceive voters and suppress human speech1 in a manner that does not-- 7,a7 distinguish between political messages based on-- 7i7 content2 or 7ii7 the nature of the person producing a message2 or 7,b7 impose any aggregate limit on political speech2 and 7#c7 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 #d4 ,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 publically 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 #e4 ,prohibition on automated software programs intended to impersonate or replicate human activity for online political advertising ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,prohibition on the use of certain automated software programs for political advertising 7a7 ,prohibition 7#a7 ,candidates and political parties ,no candidate 7including any authorized committee of a candidate7 or political party may-- 7,a7 use or cause to be used any automated software programs or processes intended to impersonate or replicate human activity online to make1 amplify1 share1 or otherwise disseminate any public communication2 or 7,b7 solicit1 accept1 purchase or sell any automated software programs or processes intended to impersonate or replicate human activity online for any purpose4 7#b7 ,political committees1 corporations1 and labor organizations ,no political committee1 corporation1 or labor organization 7as defined in section #caf7;b77 may-- 7,a7 use or cause to be used any automated software programs or processes intended to impersonate or replicate human activity online to make1 amplify1 share1 or otherwise disseminate-- 7i7 any message that expressly advocates for the election or defeat of a candidate2 or 7ii7 or any communication which would be an electioneering communication as defined in section #cjd7;f77#c7 if such section were applied-- 7,i7 by taking into account communications made over the ,internet2 7,,ii7 without regard to subparagraph 7,a77i77,,iii7 thereof with respect to communications described in subclause 7,i72 and 7,,iii7 by treating the facilities of any online or digital newspaper1 magazine1 blog1 publication1 or periodical in the same manner the facilities of a broadcasting station for purposes of subparagraph 7,b77i72 or 7,b7 solicit1 accept1 purchase or sell any automated software programs or processes intended to impersonate or replicate human activity online for any purpose described in subparagraph 7,a74 7b7 ,exception ,the prohibition in subsection 7a7 shall not apply to any internal or administrative systems that are not oriented or accessible to the public4 7c7 ,definition ,for purposes of this section1 the term automated software program or process intended to impersonate or replicate human activity online has the meaning given such term under section #d of the ,bot ,disclosure and ,accountability ,act of #bjai4 4