119-s626

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 626 Introduced in Senate

    (IS) ]

<DOC>

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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