S626-119

1. 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 Act.

2. Better Investigation Communications Not later than 90 days after the date of enactment of this Act, each social media platform shall— create a law enforcement portal that meets the requirements described in subsection (b) to provide— clear information to law enforcement on who in the company to contact regarding any law enforcement matter; and if the company has outsourced their law enforcement compliance work to a third party, the contact information of the third party; and publish on the homepage of the social media platform a link to such law enforcement portal. The law enforcement portal created under subsection (a) shall include— the name of and contact information for the lead point of contact for law enforcement for the social media platform; the phone number (which shall connect to a United States-based call center that is staffed on a 24/7 basis) and email address a law enforcement agency may use to contact the social media platform; and clear policy information related to law enforcement investigations, such as what, if any, notice is provided to the users of such platform in connection with any law enforcement investigation and when such notice is provided.

3. Improving Data Collection and Reporting There is established the Federal Trade Commission Platform Safety Advisory Committee (in this section referred to as the Advisory Committee). The purpose of the Advisory Committee is to provide recommendations to the Commission for the development of uniform reporting metrics on— social media platforms'— monitoring or removal of illegal or illicit content on their platforms; and collaboration with or referral to law enforcement regarding such content; and the responsiveness of such social media platforms to law enforcement inquiries and other relevant metrics as determined by the Commission. The Advisory Committee shall be composed of 11 members, each appointed by the Chair, to serve 3-year terms— 1 of whom shall be a representative from the Commission; 1 of whom shall be a representative from the Drug Enforcement Administration; 1 of whom shall be a representative from U.S. Immigration and Customs Enforcement, Homeland Security Investigations; 1 of whom shall be a representative of social media platforms; 1 of whom shall be a representative of local law enforcement agencies; 1 of whom shall be a representative of transparency advocates that comes from a nonprofit, non-governmental organization (commonly referred to as an NGO), or think tank which does not receive more than 10 percent of their funding support (including the value of any in-kind contribution) from a social media platform or related company; 1 of whom shall be a representative from a State investigative agency; 1 of whom shall be a representative from the Federal Bureau of Investigation; 1 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 company; 1 of whom shall be a representative from the United States Marshals Service; and 1 of whom shall be a representative of the Criminal Division of the Department of Justice. The Chair shall make the appointments described in subparagraph (A) as soon as possible after the date of enactment of this Act. An individual may not serve more than 3 terms as a member of the Advisory Committee. 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 States, if applicable. The Advisory Committee shall— provide recommendations to the Commission on— developing and updating reporting metrics in accordance with subparagraph (B); and periodically updating, as the Commission determines necessary, the reporting metrics described in subclause (I) through notice and comment rulemaking; and not later than 1 year after the date of enactment of this Act, and annually thereafter, publish, in a single, publicly available report that allows comparison between social media platforms, the information provided under the reporting metrics described in clause (i). The reporting metrics described in subparagraph (A)(i) shall include, with respect to a social media platform— the number of accounts on which the social media platform has identified an advertisement for or promotion of counterfeit substances or fentanyl, including the number of such accounts that were identified— through a user report; and by the platform without the use of a user report; metrics relating to the social media platform's procedure, if any, for referring to law enforcement any account that advertises or otherwise promotes counterfeit substances or fentanyl, including— whether the platform notifies the account holder of such referral; to which law enforcement agencies the platform makes such referral; and how many such referrals the platform has made during the previous 12-month period; during the previous 12-month period, on average, the number of orders under section 2703(d) of title 18, United States Code, subpoenas, and search warrants received by the social media platform per month related to accounts on the platform that are being used for illicit activity; the social media platform's average response time (not including any automated response or response confirming receipt by the platform) with respect to a subpoena issued by a law enforcement agency; and any other reporting metrics on illegal or illicit content (including human trafficking, child exploitation, or other crimes), as determined appropriate by the Advisory Committee. Not later than 30 days after the date on which the Advisory Committee provides its recommendations to the Commission under subsection (a)(3)(A)(i), the Commission shall submit to Congress a report that indicates— which recommendations of the Advisory Committee that the Commission implemented, plans to implement, or adopted; and which such recommendations the Commission did not implement, does not plan to implement, or does not adopt and a rationale for that determination. Not later than 90 days after the Advisory Committee provides its recommendations to the Commission under subsection (a)(3)(A)(i), the Commission shall issue guidance to social media platforms describing the reporting metrics adopted by the Commission. Not later than 180 days after the Commission issues guidance under subsection (b)(2), and annually thereafter, each social media platform shall submit to the Commission, in a publicly available manner, a report that includes— the reporting metrics required by the Commission as described in subsection (a)(3)(B); and a description of any efforts taken by the platform to monitor advertisements or other information promoting illicit activity on an account on the platform.

4. Enforcement A violation of section 2(a) or 3(c) 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 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). Except as provided in paragraph (3), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Except as provided in paragraph (3), any person who violates section 2(a) or 3(c) 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 (15 U.S.C. 41 et seq.). Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs (1) and (2), with respect to— common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; and organizations not organized to carry on business for their own profit or that of their members. Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.

5. Definitions In this Act: The term Chair means the Chair of the Federal Trade Commission. The term Commission means the Federal Trade Commission. The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). The term counterfeit substance has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). The term illicit activity means the unlawful production, manufacturing, distribution, advertisement, or sale of a controlled substance. The term social media platform— means a website or mobile web application that— permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing the user to create, share, and view user-generated content (including goods or services offered for sale) through such an account or profile; enables 1 or more users to generate content that can be viewed by other users of the platform; and 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 users; and includes a social network, an online chat room or message board, an online marketplace, and any other platform determined appropriate by the Commission.