Countering Foreign Malign Influence Act of 2022
Bill: H.R.8409 | Sponsor: Rep. Maloney, Sean Patrick (D-NY)
Policy area: Armed Forces and National Security

Summary:
Foreign Malign Influence Act of 2022
This bill modifies authorities related to the Social Media Data and Threat Analysis Center.  For example, it increases the number of types of entities and organizations participating in the center, it increases the scope of activities which the center is to facilitate, and it requires the center to develop and make public criteria for examining social media which are consistent with civil liberties protections.

To make certain modifications relating to the Social Media Data and 
Threat Analysis Center for the purpose of improving cooperative actions 
   to detect and counter foreign influence operations, 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 ``Countering Foreign Malign Influence 
Act of 2022''.

SEC. 2. MODIFICATIONS TO SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.

    (a) FFRDC.--Paragraph (1) of subsection (c) of section 5323 of the 
Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization 
Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 
116-92; 50 U.S.C. 3369) is amended by inserting before the period at 
the end the following: ``or a federally funded research and development 
center''.
    (b) Functions.--Paragraph (2) of such subsection is amended to read 
as follows:
            ``(2) Functions.--The functions described in this paragraph 
        are the following:
                    ``(A) Acting as a convening and sponsoring 
                authority for social media companies, other internet 
                companies, third-party experts, nongovernmental 
                organizations, data journalists, federally funded 
                research and development centers, academic researchers, 
                traditional media, and international counterparts, as 
                appropriate, to collectively, cooperatively, and 
                proactively identify, analyze, and counter the threats 
                posed by internet-based foreign malign influence 
                activities on social media platforms and other affected 
                internet-based platforms.
                    ``(B) Facilitating tactical and strategic analysis 
                of internet-based foreign malign influence activities, 
                within and across the individual social media platforms 
                or other affected public-facing online platforms, 
                including with respect to--
                            ``(i) hacking and leaking campaigns;
                            ``(ii) coordinated inauthentic behavior;
                            ``(iii) manipulation of social media 
                        algorithms or search engine results;
                            ``(iv) machine-manipulated media;
                            ``(v) cut-out or proxy internet platforms, 
                        blogs, or similar properties;
                            ``(vi) fake, deceptive, or inauthentic 
                        online profiles, including accounts that 
                        consist mainly of automated actions (commonly 
                        referred to as `bots');
                            ``(vii) disinformation campaigns; and
                            ``(viii) any other tactics assessed as 
                        supporting foreign malign influence through 
                        internet-based covert or undeclared means, and 
                        unlawful activities that fund or subsidize such 
                        operations.
                    ``(C) Developing processes and best practices for 
                sharing relevant information, indicators, and findings 
                about internet-based foreign malign influence 
                activities among elements of the United States 
                Government and the individual social media platforms 
                and other public-facing internet-based platforms to 
                inform threat analysis and provide timely warning of 
                such foreign malign influence activities, working with 
                the Office of the Director of National Intelligence as 
                appropriate.
                    ``(D) Developing and making public criteria for 
                identifying which stakeholders qualify for inclusion in 
                the activities of the Center, and inviting entities 
                that fit the criteria to join or otherwise participate.
                    ``(E) Determining jointly with social media 
                companies and other public-facing internet-based 
                platforms what categories of data and metadata related 
                to indicators of internet-based foreign malign 
                influence activities from their platforms and business 
                operations will be made available for access and 
                analysis by participants of the Center.
                    ``(F) Developing and making public the criteria and 
                standards for data handling, data security, and data 
                privacy that must be met for participants of the Center 
                to access and analyze data relating to internet-based 
                foreign malign influence activities within and across 
                social media or other public-facing internet-based 
                platforms, and to publish or otherwise use the results.
                    ``(G) Developing and making public the ethical 
                standards for--
                            ``(i) investigation of internet-based 
                        foreign malign influence activities;
                            ``(ii) the use of indicators, findings, or 
                        analyses relating to such activities;
                            ``(iii) the protection of the privacy, 
                        civil liberties, and constitutionally protected 
                        activities of the customers and users of the 
                        social media platforms and public-facing 
                        internet-based platforms; and
                            ``(iv) the protection the proprietary 
                        information of the social media companies and 
                        other affected internet-based platforms.
                    ``(H) Developing technical, contractual, and 
                procedural controls to prevent misuse of data, 
                including any necessary auditing procedures, compliance 
                checks, and review mechanisms.
                    ``(I) Developing and making public criteria and 
                conditions under which social media platforms and other 
                affected public-facing internet-based platforms shall 
                proactively share with the appropriate elements of the 
                United States Government data, metadata, or indicators 
                pertaining to assessed internet-based foreign malign 
                influence activities, including such criteria and 
                conditions that address--
                            ``(i) the timeliness and consistency with 
                        which social media platforms or other affected 
                        public-facing internet-based platforms shall 
                        share such data, metadata, or indicators 
                        (including with respect to real-time sharing);
                            ``(ii) the categories of data, metadata, 
                        and indicators to be shared, including with 
                        respect to the activities specified in 
                        subparagraph (B); and
                            ``(iii) the protection of the privacy, 
                        civil liberties, and constitutionally protected 
                        activities of users and customers of social 
                        media platforms and other public-facing 
                        internet-based platforms.
                    ``(J) Hosting a searchable archive aggregating 
                information related to foreign influence and 
                disinformation operations to--
                            ``(i) build a collective understanding of 
                        internet-based foreign malign influence 
                        activities; and
                            ``(ii) facilitate future examination 
                        consistent with privacy and civil liberties 
                        protections for users and customers of social 
                        media platforms and other public-facing 
                        internet-based platforms.
                    ``(K) Developing data standards and protocols to 
                harmonize and facilitate the timely sharing of 
                information pursuant to this paragraph.''.
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