[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 626 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 626
To improve the communications between social media platforms and law
enforcement agencies, to establish the Federal Trade Commission
Platform Safety Advisory Committee, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 19, 2025
Mr. Scott of Florida (for himself and Mrs. Shaheen) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the communications between social media platforms and law
enforcement agencies, to establish the Federal Trade Commission
Platform Safety Advisory Committee, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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''.
SEC. 2. BETTER INVESTIGATION COMMUNICATIONS.
(a) Law Enforcement Portal.--Not later than 90 days after the date
of enactment of this Act, each social media platform shall--
(1) create a law enforcement portal that meets the
requirements described in subsection (b) to provide--
(A) clear information to law enforcement on who in
the company to contact regarding any law enforcement
matter; and
(B) if the company has outsourced their law
enforcement compliance work to a third party, the
contact information of the third party; and
(2) publish on the homepage of the social media platform a
link to such law enforcement portal.
(b) Requirements.--The law enforcement portal created under
subsection (a) shall include--
(1) the name of and contact information for the lead point
of contact for law enforcement for the social media platform;
(2) 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
(3) 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.
SEC. 3. IMPROVING DATA COLLECTION AND REPORTING.
(a) FTC Platform Safety Advisory Committee.--
(1) Establishment.--
(A) In general.--There is established the Federal
Trade Commission Platform Safety Advisory Committee (in
this section referred to as the ``Advisory
Committee'').
(B) Purpose.--The purpose of the Advisory Committee
is to provide recommendations to the Commission for the
development of uniform reporting metrics on--
(i) social media platforms'--
(I) monitoring or removal of
illegal or illicit content on their
platforms; and
(II) collaboration with or referral
to law enforcement regarding such
content; and
(ii) the responsiveness of such social
media platforms to law enforcement inquiries
and other relevant metrics as determined by the
Commission.
(2) Membership.--
(A) Composition.--The Advisory Committee shall be
composed of 11 members, each appointed by the Chair, to
serve 3-year terms--
(i) 1 of whom shall be a representative
from the Commission;
(ii) 1 of whom shall be a representative
from the Drug Enforcement Administration;
(iii) 1 of whom shall be a representative
from U.S. Immigration and Customs Enforcement,
Homeland Security Investigations;
(iv) 1 of whom shall be a representative of
social media platforms;
(v) 1 of whom shall be a representative of
local law enforcement agencies;
(vi) 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;
(vii) 1 of whom shall be a representative
from a State investigative agency;
(viii) 1 of whom shall be a representative
from the Federal Bureau of Investigation;
(ix) 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;
(x) 1 of whom shall be a representative
from the United States Marshals Service; and
(xi) 1 of whom shall be a representative of
the Criminal Division of the Department of
Justice.
(B) Date.--The Chair shall make the appointments
described in subparagraph (A) as soon as possible after
the date of enactment of this Act.
(C) Term limitation.--An individual may not serve
more than 3 terms as a member of the Advisory
Committee.
(D) 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 States, if applicable.
(3) Duties.--
(A) In general.--The Advisory Committee shall--
(i) provide recommendations to the
Commission on--
(I) developing and updating
reporting metrics in accordance with
subparagraph (B); and
(II) periodically updating, as the
Commission determines necessary, the
reporting metrics described in
subclause (I) through notice and
comment rulemaking; and
(ii) 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).
(B) Reporting metrics.--The reporting metrics
described in subparagraph (A)(i) shall include, with
respect to a social media platform--
(i) 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--
(I) through a user report; and
(II) by the platform without the
use of a user report;
(ii) 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--
(I) whether the platform notifies
the account holder of such referral;
(II) to which law enforcement
agencies the platform makes such
referral; and
(III) how many such referrals the
platform has made during the previous
12-month period;
(iii) 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;
(iv) 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
(v) any other reporting metrics on illegal
or illicit content (including human
trafficking, child exploitation, or other
crimes), as determined appropriate by the
Advisory Committee.
(b) Adoption of Reporting Metrics.--
(1) Review of recommendations.--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--
(A) which recommendations of the Advisory Committee
that the Commission implemented, plans to implement, or
adopted; and
(B) which such recommendations the Commission did
not implement, does not plan to implement, or does not
adopt and a rationale for that determination.
(2) Guidance to social media platforms.--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.
(c) Reporting Requirement.--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--
(1) the reporting metrics required by the Commission as
described in subsection (a)(3)(B); and
(2) a description of any efforts taken by the platform to
monitor advertisements or other information promoting illicit
activity on an account on the platform.
SEC. 4. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--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)).
(b) Powers of the Commission.--
(1) In general.--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.
(2) Privileges and immunities.--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.).
(3) Common carriers and nonprofit organizations.--
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--
(A) common carriers subject to the Communications
Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory
thereof and supplementary thereto; and
(B) organizations not organized to carry on
business for their own profit or that of their members.
(4) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
(5) Rulemaking.--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.
SEC. 5. DEFINITIONS.
In this Act:
(1) Chair.--The term ``Chair'' means the Chair of the
Federal Trade Commission.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Controlled substance.--The term ``controlled
substance'' has the meaning given that term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(4) Counterfeit substance.--The term ``counterfeit
substance'' has the meaning given that term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(5) Illicit activity.--The term ``illicit activity'' means
the unlawful production, manufacturing, distribution,
advertisement, or sale of a controlled substance.
(6) Social media platform.--The term ``social media
platform''--
(A) means a website or mobile web application
that--
(i) 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;
(ii) enables 1 or more users to generate
content that can be viewed by other users of
the platform; and
(iii) 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
(B) includes a social network, an online chat room
or message board, an online marketplace, and any other
platform determined appropriate by the Commission.
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