I 

113TH CONGRESS 

1ST SESSION H. R. 2645 

To prohibit providers of social media services from using self-images uploaded 

by minors for commercial purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2013 

Mr. DUNCAN of Tennessee (for himself and Ms. ROS-LEHTINEN) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To prohibit providers of social media services from using 

self-images uploaded by minors for commercial purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Forbidding Advertise5 ment Through Child Exploitation Act of 2013’’, or the 

6 ‘‘FACE Act of 2013’’. 


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1 SEC. 2. PROHIBITION ON COMMERCIAL USE BY SOCIAL 

2 MEDIA SERVICES OF UPLOADED SELF-IM3 AGES OF MINORS. 

4 (a) IN GENERAL.—A provider of a social media serv5 ice may not intentionally or knowingly use for a commer6 cial purpose a self-image uploaded to such service by a 

7 minor. 

8 (b) REGULATIONS.—The Federal Trade Commission 

9 may promulgate regulations under section 553 of title 5, 

10 United States Code, to implement this section. 

11 SEC. 3. APPLICATION AND ENFORCEMENT. 

12 (a) GENERAL APPLICATION.—The requirements of 

13 section 2 and the regulations promulgated under such sec14 tion apply, according to their terms, to those persons, 

15 partnerships, and corporations over which the Federal 

16 Trade Commission has authority pursuant to section 

17 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 

18 45(a)(2)). 

19 (b) ENFORCEMENT BY FEDERAL TRADE COMMIS20 SION.— 

21 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC22 TICES.—A violation of section 2 or a regulation pro23 mulgated under such section shall be treated as an 

24 unfair or deceptive act or practice in violation of a 

25 regulation under section 18(a)(1)(B) of the Federal 


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1 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) re2 garding unfair or deceptive acts or practices. 

3 (2) POWERS OF COMMISSION.—The Federal 

4 Trade Commission shall enforce section 2 and the 

5 regulations promulgated under such section in the 

6 same manner, by the same means, and with the 

7 same jurisdiction, powers, and duties as though all 

8 applicable terms and provisions of the Federal Trade 

9 Commission Act (15 U.S.C. 41 et seq.) were incor10 porated into and made a part of this Act. Any per11 son who violates section 2 or a regulation promul12 gated under such section shall be subject to the pen13 alties and entitled to the privileges and immunities 

14 provided in the Federal Trade Commission Act. 

15 (c) ENFORCEMENT BY STATE ATTORNEYS GEN16 ERAL.— 

17 (1) IN GENERAL.—In any case in which the at18 torney general of a State, or an official or agency of 

19 a State, has reason to believe that an interest of the 

20 residents of such State has been or is threatened or 

21 adversely affected by an act or practice in violation 

22 of section 2 or a regulation promulgated under such 

23 section, the State, as parens patriae, may bring a 

24 civil action on behalf of the residents of the State in 


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1 an appropriate State court or an appropriate district 

2 court of the United States to— 

3 (A) enjoin such act or practice; 

4 (B) enforce compliance with such section 

5 or such regulation; 

6 (C) obtain damages, restitution, or other 

7 compensation on behalf of residents of the 

8 State; or 

9 (D) obtain such other legal and equitable 

10 relief as the court may consider to be appro11 priate. 

12 (2) NOTICE.—Before filing an action under this 

13 subsection, the attorney general, official, or agency 

14 of the State involved shall provide to the Federal 

15 Trade Commission a written notice of such action 

16 and a copy of the complaint for such action. If the 

17 attorney general, official, or agency determines that 

18 it is not feasible to provide the notice described in 

19 this paragraph before the filing of the action, the at20 torney general, official, or agency shall provide writ21 ten notice of the action and a copy of the complaint 

22 to the Federal Trade Commission immediately upon 

23 the filing of the action. 

24 (3) AUTHORITY OF FEDERAL TRADE COMMIS25 SION.—On receiving notice under paragraph (2) of 


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1 an action under this subsection, the Federal Trade 

2 Commission shall have the right— 

3 (A) to intervene in the action; 

4 (B) upon so intervening, to be heard on all 

5 matters arising therein; and 

6 (C) to file petitions for appeal. 

7 (4) RULE OF CONSTRUCTION.—For purposes of 

8 bringing a civil action under this subsection, nothing 

9 in this Act shall be construed to prevent an attorney 

10 general, official, or agency of a State from exercising 

11 the powers conferred on the attorney general, offi12 cial, or agency by the laws of such State to conduct 

13 investigations, administer oaths and affirmations, or 

14 compel the attendance of witnesses or the production 

15 of documentary and other evidence. 

16 SEC. 4. EFFECT ON STATE LAW. 

17 Nothing in this Act preempts any provision of law 

18 of a State or a political subdivision of a State that is more 

19 protective with respect to commercial use of self-images 

20 uploaded by minors to social media services. 

21 SEC. 5. DEFINITIONS. 

22 In this Act: 

23 (1) SELF-IMAGE.—The term ‘‘self-image’’ 

24 means, with respect to an individual, an image that 

25 depicts the individual. 


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1 (2) SOCIAL MEDIA SERVICE.—The term ‘‘social 

2 media service’’ means any online service that allows 

3 an individual to upload, store, and manage personal 

4 content in order to share the content with other in5 dividuals. 

6 SEC. 6. EFFECTIVE DATE. 

7 This Act shall take effect on the date that is 6 

8 months after the date of the enactment of this Act. 

Æ 


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