H.R. 8463 — Introduced in House

I 118th CONGRESS 2d Session H. R. 8463 IN THE HOUSE OF REPRESENTATIVES May 17, 2024Mr. Soto introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit and establish penalties for the use of the identity of another, without authorization, to make available certain information, and for other purposes. 1. Short title This Act may be cited as the Stopping Hijacking of Identity Expressly for Libel on Domains Act or the SHIELD Act. 2. Prohibition on using identity of another to make available certain information (a) Prohibition (1) In general A person may not make available covered information on an interactive computer service. (2) Applicability to certain providers Notwithstanding section 230(c)(1) of the Communications Act of 1934 (47 U.S.C. 230(c)(1)), paragraph (1) of this subsection applies to a provider of an interactive computer service with respect to information provided by another information content provider on the interactive computer service. (b) Civil action (1) In general An individual may bring a civil action against a person for a violation of subsection (a) in an appropriate district court of the United States. (2) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award the plaintiff— (A) an amount equal to the sum of any actual damages; (B) injunctive relief, including, with respect to a provider of an interactive computer service, that such provider may be required to make publicly available a notice explaining that the source of the applicable covered information was a person other than the plaintiff; and (C) reasonable attorney fees and litigation costs. (c) Definitions In this section: (1) Covered information The term covered information means information that is— (A) libelous, slanderous, or criminal; and (B) presented by a person using the identity of an individual (who is not such person)— (i) without the authorization of such individual; and (ii) in a manner that suggests such individual is the source of such information. (2) Information content provider The term information content provider has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). (3) Interactive computer service The term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).