Social Media Fraud Mitigation Act
Bill: H.R.4654 | Sponsor: Rep. Kinzinger, Adam (R-IL)
Policy area: Crime and Law Enforcement

Summary:
Social Media Fraud Mitigation Act
This bill establishes new criminal offenses for fraudulent activities involving communications through social media, email, or other electronic messages.
First, the bill makes it unlawful to post or send messages through a fake social media account or profile to cause or threaten to cause financial or physical harm to an individual. A violation is punishable by a fine, a maximum prison term of up to one year (or up to five years if the offense is a repeat offense), or both.
Second, the bill makes is unlawful to send a fraudulent email or other electronic message to deceive the recipient and cause or threaten to cause financial or physical harm to an individual. A violation is punishable by a fine, a prison term of up to one year (or up to six years if the offense is intended to solicit an emergency response), or both.

To prohibit the creation and use of fake social media accounts or 
   profiles and the sending of fraudulent emails or other electronic 
                               messages.

    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 ``Social Media Fraud Mitigation Act''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) The term ``social media company'' means any individual, 
        business, organization, or other similar entity who owns, 
        manages, or operates a social media platform to facilitate 
        foreign or interstate commerce.
            (2) The term ``social media platform''--
                    (A) means a website or internet medium that--
                            (i) permits a person to become a registered 
                        user, establish an account, or create a profile 
                        for the purpose of allowing users to create, 
                        share, and view user-generated content through 
                        such an account or profile;
                            (ii) enables one or more users to generate 
                        content that can be viewed by other users of 
                        the medium; and
                            (iii) primarily serves as a medium for 
                        users to interact with content generated by 
                        other users of the medium; and
                    (B) does not include--
                            (i) any such platform that serves fewer 
                        than 100,000 users;
                            (ii) an email program, message board 
                        program, email distribution lists, multi-person 
                        text message groups, or a website that is 
                        primarily for the purpose of internet commerce;
                            (iii) a private platform or messaging 
                        service used by an entity solely to communicate 
                        with others employed by or affiliated with such 
                        entity; or
                            (iv) an internet-based platform whose 
                        primary purpose is--
                                    (I) to allow users to post product 
                                reviews, business reviews, travel 
                                information and reviews; or
                                    (II) to provide news or 
                                entertainment content, but that may 
                                also include a comment section for 
                                users to discuss such news or 
                                entertainment.

SEC. 3. CRIMINAL OFFENSES RELATED TO FRAUDULENT SOCIAL MEDIA ACCOUNTS 
              OR PROFILES AND FRAUDULENT EMAILS OR OTHER ELECTRONIC 
              MESSAGES.

    (a) Fraudulent Accounts or Profiles.--Whoever causes financial or 
physical harm, or threatens financial or physical harm to any 
individual, and uses the name or likeness of another individual to--
            (1) create or maintain an account or profile on a social 
        media platform that purports to be an account or profile of 
        another individual without the consent of the individual whose 
        name or likeness is used; and
            (2) post or send one or more messages on or through an 
        account or profile described in paragraph (1),
 shall be fined under title 18, United States Code, imprisoned for not 
more than 1 year, or both, except that if the person has previously 
been convicted under this subsection, such person shall be fined under 
such title, imprisoned for not more than 5 years, or both.
    (b) Fraudulent Emails or Other Electronic Messages.--Whoever causes 
financial or physical harm, or threatens financial or physical harm to 
any individual, by sending an email or other electronic message that 
contains identifying information belonging to any other individual, 
including a name, domain address, or phone number--
            (1) without obtaining the other individual's consent; and
            (2) with the intent to cause a reasonable person who is a 
        recipient of the email or other electronic message to believe 
        that the email or electronic message was sent by or authorized 
        by the other individual,
 shall be fined under title 18, United States Code, imprisoned for not 
more than 1 year, or both, except that if the person commits the 
offense with the intent to solicit a response by emergency personnel, 
such person may be fined under such title or imprisoned for not more 
than 6 years, or both.
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