I 

116TH CONGRESS 

1ST SESSION H. R. 4536 

To protect the right of the American public under the First Amendment 

to the Constitution of the United States to receive news and information 

from disparate sources by regulating the use of automated software 

programs intended to impersonate or replicate human activity on social 

media. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2019 

Ms. SLOTKIN (for herself, Ms. SPANBERGER, Ms. SHERRILL, and Ms. TORRES

SMALL of New Mexico) introduced the following bill; which was referred 

to the Committee on Energy and Commerce 

A BILL 

To protect the right of the American public under the First 

Amendment to the Constitution of the United States 

to receive news and information from disparate sources 

by regulating the use of automated software programs 

intended to impersonate or replicate human activity on 

social media. 

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 ‘‘Bot Disclosure and 

5 Accountability Act of 2019’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that the United States 

3 Government has a compelling interest in— 

4 (1) mitigating the deceptiveness of social media 

5 bots, which impersonate human activity online, 

6 through public disclosure requirements that impose 

7 a minimal burden on rights protected under the 

8 First Amendment to the Constitution of the United 

9 States; and 

10 (2) mitigating the effectiveness of efforts by 

11 foreign entities to influence United States elections 

12 through the use of social media bots to spread mis13 information and propaganda. 

14 SEC. 3. PUBLIC DISCLOSURE OF SOFTWARE PROGRAMS IN15 TENDED TO IMPERSONATE OR REPLICATE 

16 HUMAN ACTIVITY. 

17 (a) DEFINITIONS.— 

18 (1) IN GENERAL.—In this section— 

19 (A) the term ‘‘automated software pro20 gram or process intended to impersonate or 

21 replicate human activity online’’ has the mean22 ing given the term by the Commission by regu23 lation under paragraph (2); 

24 (B) the term ‘‘Commission’’ means the 

25 Federal Trade Commission; 


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1 (C) the term ‘‘social media provider’’ 

2 means any person that owns or operates a so3 cial media website; and 

4 (D) the term ‘‘social media website’’ means 

5 any tool, website, application, or other media 

6 that connects users on the internet for the pur7 pose of engaging in dialogue, sharing informa8 tion, collaborating, and interacting. 

9 (2) DEFINITION BY REGULATION.—Not later 

10 than 1 year after the date of enactment of this Act, 

11 the Commission shall promulgate regulations under 

12 section 553 of title 5, United States Code, to define 

13 the term ‘‘automated software program or process 

14 intended to impersonate or replicate human activity 

15 online’’ broadly enough so that the definition is not 

16 limited to current technology. 

17 (b) REGULATIONS.—Not later than 1 year after the 

18 date of enactment of this Act, the Commission shall pro19 mulgate regulations under section 553 of title 5, United 

20 States Code, to require a social media provider to establish 

21 and implement policies and procedures to require a user 

22 of a social media website owned or operated by the social 

23 media provider to publicly disclose the use of any auto24 mated software program or process intended to imperVerDate Sep 11 2014 04:33 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4536.IH H4536

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1 sonate or replicate human activity online on the social 

2 media website. 

3 (c) REQUIREMENTS.—In promulgating regulations 

4 under subsection (b), the Commission shall require a so5 cial media provider to establish and implement, for each 

6 social media website owned or operated by the social media 

7 provider— 

8 (1) a policy that requires any user of the social 

9 media website that employs an automated software 

10 program or process intended to impersonate or rep11 licate human activity online on the social media 

12 website to provide clear and conspicuous notice of 

13 the automated program in clear and plain language 

14 to any other person or user of the social media 

15 website who may be exposed to activities conducted 

16 by the automated program; 

17 (2) a process that allows a user of the social 

18 media website to provide clear and conspicuous no19 tice to any other person or user as required under 

20 paragraph (1); 

21 (3) a process to identify, assess, and verify 

22 whether the activity of any user of the social media 

23 website is conducted by an automated software pro24 gram or process intended to impersonate or replicate 

25 human activity online; 


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1 (4) a process by which the social media provider 

2 will take reasonable preventative and corrective ac3 tion to mitigate efforts by a user to use an auto4 mated software program or process intended to im5 personate or replicate human activity online without 

6 disclosure as required under paragraph (1), which 

7 may include suspension or any other action author8 ized by the Commission; 

9 (5) a process by which the social media provider 

10 will remove posts, images, or any other online activ11 ity of a user or profile making use of an automated 

12 software program or process intended to imper13 sonate or replicate human activity online that is not 

14 in compliance with the policy under paragraph (1); 

15 and 

16 (6) a process that allows a human user of the 

17 social media website the opportunity to demonstrate 

18 that the online activity of the user is in compliance 

19 with the policy required under paragraph (1) prior 

20 to, or immediately following, any mitigation activity 

21 described in paragraph (4) or (5). 

22 (d) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to require any social media pro24 vider to permit an automated software program or process 

25 intended to impersonate or replicate human activity online 


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1 on a social media website owned or operated by the social 

2 media provider. 

3 (e) ENFORCEMENT.— 

4 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC5 TICES.—A violation of a regulation promulgated 

6 under subsection (b) shall be treated as a violation 

7 of a rule defining an unfair or deceptive act or prac8 tice prescribed under section 18(a)(1)(B) of the Fed9 eral Trade Commission Act (15 U.S.C. 

10 57a(a)(1)(B)). 

11 (2) POWERS OF COMMISSION.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (C), the Commission shall enforce 

14 this section in the same manner, by the same 

15 means, and with the same jurisdiction, powers, 

16 and duties as though all applicable terms and 

17 provisions of the Federal Trade Commission 

18 Act (15 U.S.C. 41 et seq.) were incorporated 

19 into and made a part of this section. 

20 (B) PRIVILEGES AND IMMUNITIES.—Ex21 cept as provided in subparagraph (C), any per22 son who violates subsection (b) shall be subject 

23 to the penalties and entitled to the privileges 

24 and immunities provided in the Federal Trade 

25 Commission Act (15 U.S.C. 41 et seq.). 


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1 (C) COMMON CARRIERS AND NONPROFIT

2 ORGANIZATIONS.—Notwithstanding section 4, 

3 5(a)(2), or 6 of the Federal Trade Commission 

4 Act (15 U.S.C. 44, 45(a)(2), 46) or any juris5 dictional limitation of the Commission, the 

6 Commission shall also enforce this section, in 

7 the same manner provided in subparagraphs 

8 (A) and (B) of this paragraph, with respect 

9 to— 

10 (i) common carriers subject to the 

11 Communications Act of 1934 (47 U.S.C. 

12 151 et seq.) and Acts amendatory thereof 

13 and supplementary thereto; and 

14 (ii) organizations not organized to 

15 carry on business for their own profit or 

16 that of their members. 

17 (D) AUTHORITY PRESERVED.—Nothing in 

18 this section shall be construed to limit the au19 thority of the Commission under any other pro20 vision of law. 

Æ 


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