,,ii #aaith ,,congress #ast ,session ,s4 #fbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ai1 #bjbe,mr4 ,scott of ,florida 7for himself and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the communications between social media platforms and law enforcement agencies1 to establish the ,federal ,trade ,commission ,platform ,safety ,advisory ,committee1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,online ,confusion for ,investigative ,agencies and ,law-enforcement by ,maintaining ,evidence ,determined ,interparty ,arrangements ,act or the ,,social ,,media ,act4 #b4 ,better ,investigation ,communications 7a7 ,law enforcement portal ,not later than #ij days after the date of enactment of this ,act1 each social media platform shall-- 7#a7 create a law enforcement portal that meets the requirements described in subsection 7b7 to provide-- 7,a7 clear information to law enforcement on who in the company to contact regarding any law enforcement matter2 and 7,b7 if the company has outsourced their law enforcement compliance work to a third party1 the contact information of the third party2 and 7#b7 publish on the homepage of the social media platform a link to such law enforcement portal4 7b7 ,requirements ,the law enforcement portal created under subsection 7a7 shall include-- 7#a7 the name of and contact information for the lead point of contact for law enforcement for the social media platform2 7#b7 the phone number 7which shall connect to a ,united ,states-based call center that is staffed on a #bd_/g basis7 and email address a law enforcement agency may use to contact the social media platform2 and 7#c7 clear policy information related to law enforcement investigations1 such as what1 if any1 notice is provided to the users of such platform in connection with any law enforcement investigation and when such notice is provided4 #c4 ,improving ,data ,collection and ,reporting 7a7 ,,ftc ,platform ,safety ,advisory ,committee 7#a7 ,establishment 7,a7 ,in general ,there is established the ,federal ,trade ,commission ,platform ,safety ,advisory ,committee 7in this section referred to as the ,advisory ,committee74 7,b7 ,purpose ,the purpose of the ,advisory ,committee is to provide recommendations to the ,commission for the development of uniform reporting metrics on-- 7i7 social media platforms'-- 7,i7 monitoring or removal of illegal or illicit content on their platforms2 and 7,,ii7 collaboration with or referral to law enforcement regarding such content2 and 7ii7 the responsiveness of such social media platforms to law enforcement inquiries and other relevant metrics as determined by the ,commission4 7#b7 ,membership 7,a7 ,composition ,the ,advisory ,committee shall be composed of #aa members1 each appointed by the ,chair1 to serve #c-year terms-- 7i7 #a of whom shall be a representative from the ,commission2 7ii7 #a of whom shall be a representative from the ,drug ,enforcement ,administration2 7iii7 #a of whom shall be a representative from ,u4,s4 ,immigration and ,customs ,enforcement1 ,homeland ,security ,investigations2 7iv7 #a of whom shall be a representative of social media platforms2 7v7 #a of whom shall be a representative of local law enforcement agencies2 7vi7 #a of whom shall be a representative of transparency advocates that comes from a nonprofit1 non-governmental organization 7commonly referred to as an ,,ngo71 or think tank which does not receive more than #aj percent of their funding support 7including the value of any in-kind contribution7 from a social media platform or related company2 7vii7 #a of whom shall be a representative from a ,state investigative agency2 7viii7 #a of whom shall be a representative from the ,federal ,bureau of ,investigation2 7ix7 #a of whom shall be a representative of victims or a victim's advocacy organization which does not receive funding support from a social media platform or related company2 7x7 #a of whom shall be a representative from the ,united ,states ,marshals ,service2 and 7xi7 #a of whom shall be a representative of the ,criminal ,division of the ,department of ,justice4 7,b7 ,date ,the ,chair shall make the appointments described in subparagraph 7,a7 as soon as possible after the date of enactment of this ,act4 7,c7 ,term limitation ,an individual may not serve more than #c terms as a member of the ,advisory ,committee4 7,d7 ,no compensation for members ,each member of the ,advisory ,committee shall serve without compensation in addition to any compensation received for the service of the member as an officer or employee of the ,united ,states1 if applicable4 7#c7 ,duties 7,a7 ,in general ,the ,advisory ,committee shall-- 7i7 provide recommendations to the ,commission on-- 7,i7 developing and updating reporting metrics in accordance with subparagraph 7,b72 and 7,,ii7 periodically updating1 as the ,commission determines necessary1 the reporting metrics described in subclause 7,i7 through notice and comment rulemaking2 and 7ii7 not later than #a year after the date of enactment of this ,act1 and annually thereafter1 publish1 in a single1 publicly available report that allows comparison between social media platforms1 the information provided under the reporting metrics described in clause 7i74 7,b7 ,reporting metrics ,the reporting metrics described in subparagraph 7,a77i7 shall include1 with respect to a social media platform-- 7i7 the number of accounts on which the social media platform has identified an advertisement for or promotion of counterfeit substances or fentanyl1 including the number of such accounts that were identified-- 7,i7 through a user report2 and 7,,ii7 by the platform without the use of a user report2 7ii7 metrics relating to the social media platform's procedure1 if any1 for referring to law enforcement any account that advertises or otherwise promotes counterfeit substances or fentanyl1 including-- 7,i7 whether the platform notifies the account holder of such referral2 7,,ii7 to which law enforcement agencies the platform makes such referral2 and 7,,iii7 how many such referrals the platform has made during the previous #ab-month period2 7iii7 during the previous #ab-month period1 on average1 the number of orders under section #bgjc7;d7 of title #ah1 ,united ,states ,code1 subpoenas1 and search warrants received by the social media platform per month related to accounts on the platform that are being used for illicit activity2 7iv7 the social media platform's average response time 7not including any automated response or response confirming receipt by the platform7 with respect to a subpoena issued by a law enforcement agency2 and 7v7 any other reporting metrics on illegal or illicit content 7including human trafficking1 child exploitation1 or other crimes71 as determined appropriate by the ,advisory ,committee4 7b7 ,adoption of reporting metrics 7#a7 ,review of recommendations ,not later than #cj days after the date on which the ,advisory ,committee provides its recommendations to the ,commission under subsection 7a77#c77;,a77i71 the ,commission shall submit to ,congress a report that indicates-- 7,a7 which recommendations of the ,advisory ,committee that the ,commission implemented1 plans to implement1 or adopted2 and 7,b7 which such recommendations the ,commission did not implement1 does not plan to implement1 or does not adopt and a rationale for that determination4 7#b7 ,guidance to social media platforms ,not later than #ij days after the ,advisory ,committee provides its recommendations to the ,commission under subsection 7a77#c77;,a77i71 the ,commission shall issue guidance to social media platforms describing the reporting metrics adopted by the ,commission4 7c7 ,reporting requirement ,not later than #ahj days after the ,commission issues guidance under subsection 7b77#b71 and annually thereafter1 each social media platform shall submit to the ,commission1 in a publicly available manner1 a report that includes-- 7#a7 the reporting metrics required by the ,commission as described in subsection 7a77#c77;,b72 and 7#b7 a description of any efforts taken by the platform to monitor advertisements or other information promoting illicit activity on an account on the platform4 #d4 ,enforcement 7a7 ,unfair or deceptive acts or practices ,a violation of section #b7;a7 or #c7;c7 or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,except as provided in paragraph 7#c71 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 ,act4 7#b7 ,privileges and immunities ,except as provided in paragraph 7#c71 any person who violates section #b7;a7 or #c7;c7 or a regulation promulgated under 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 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 ,act1 in the same manner provided in paragraphs 7#a7 and 7#b71 with respect to-- 7,a7 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 7,b7 organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#e7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 #e4 ,definitions ,in this ,act3 7#a7 ,chair ,the term ,chair means the ,chair of the ,federal ,trade ,commission4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,controlled substance ,the term controlled substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#d7 ,counterfeit substance ,the term counterfeit substance has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#e7 ,illicit activity ,the term illicit activity means the unlawful production1 manufacturing1 distribution1 advertisement1 or sale of a controlled substance4 7#f7 ,social media platform ,the term social media platform-- 7,a7 means a website or mobile web application that-- 7i7 permits a person to become a registered user1 establish an account1 or create a profile for the purpose of allowing the user to create1 share1 and view user-generated content 7including goods or services offered for sale7 through such an account or profile2 7ii7 enables #a or more users to generate content that can be viewed by other users of the platform2 and 7iii7 primarily serves as a medium for users to interact with content generated by other users of the medium and for the platform to deliver advertisements to users2 and 7,b7 includes a social network1 an online chat room or message board1 an online marketplace1 and any other platform determined appropriate by the ,commission4