S. 626 — SOCIAL MEDIA Act

This section requires each social media platform, not later than 90 days after enactment, to (1) create a law enforcement portal providing clear information on company contacts for law enforcement matters (or third-party compliance contacts, if applicable) and (2) publish a link to the portal on the platform's homepage. The portal must include the name and contact information of the lead law enforcement point of contact, a phone number connecting to a U.S.-based 24/7 staffed call center, an email address, and clear policies on user notice related to law enforcement investigations (e.g., what notice is provided and when).

This section establishes the Federal Trade Commission (FTC) Platform Safety Advisory Committee, composed of 11 members appointed by the FTC Chair to 3-year terms (not more than 3 terms per member), including representatives from the FTC, Drug Enforcement Administration, U.S. Immigration and Customs Enforcement Homeland Security Investigations, social media platforms, local law enforcement, transparency advocates from qualifying nonprofits/think tanks, state investigative agencies, Federal Bureau of Investigation, victims' advocacy organizations without social media funding, U.S. Marshals Service, and Department of Justice Criminal Division. The committee's purpose is to recommend uniform reporting metrics to the FTC on social media platforms' monitoring and removal of illegal content (e.g., counterfeit substances or fentanyl advertisements), referrals to law enforcement, and responsiveness to law enforcement inquiries (e.g., average monthly orders under 18 U.S.C. §2703(d), subpoenas, and search warrants related to illicit activity; average response time to subpoenas). The committee must provide recommendations on developing and updating these metrics (including via FTC notice-and-comment rulemaking) and, not later than 1 year after enactment and annually thereafter, publish a single publicly available comparative report on platforms' metric data. Not later than 30 days after receiving recommendations, the FTC must report to Congress on which it implements, plans to implement, or rejects (with rationale); not later than 90 days after, the FTC must issue guidance to platforms on adopted metrics. Not later than 180 days after FTC guidance and annually thereafter, each social media platform must submit to the FTC a publicly available report on the required metrics and related efforts.

This section authorizes the Federal Trade Commission (FTC) to enforce the Act, treating violations of specified provisions or regulations as unfair or deceptive acts under section 18(a)(1)(B) of the Federal Trade Commission Act (FTC Act) and incorporating applicable FTC Act enforcement powers, jurisdiction, penalties, privileges, and immunities. It extends such enforcement to common carriers subject to the Communications Act of 1934 and nonprofit organizations notwithstanding FTC Act jurisdictional limitations in sections 4, 5(a)(2), and 6 (i.e., exemptions for common carriers and nonprofits); preserves other FTC authorities; and directs the FTC to promulgate necessary rules under the Administrative Procedure Act.

This section defines, for purposes of the Act, the following terms: (1) Chair, meaning the Chair of the Federal Trade Commission; (2) Commission, meaning the Federal Trade Commission; (3) controlled substance, having the meaning given in section 102 of the Controlled Substances Act (21 U.S.C. 802); (4) counterfeit substance, having the meaning given in section 102 of the Controlled Substances Act (21 U.S.C. 802); (5) illicit activity, meaning the unlawful production, manufacturing, distribution, advertisement, or sale of a controlled substance; and (6) social media platform, meaning a website or mobile web application that permits registered users to create, share, and view user-generated content primarily for user interaction and advertising (including social networks, online chat rooms or message boards, online marketplaces, and other platforms determined appropriate by the Commission).