[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8463 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8463
To prohibit and establish penalties for the use of the identity of
another, without authorization, to make available certain information,
and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 17, 2024
Mr. Soto introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To prohibit and establish penalties for the use of the identity of
another, without authorization, to make available certain information,
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 ``Stopping Hijacking of Identity
Expressly for Libel on Domains Act'' or the ``SHIELD Act''.
SEC. 2. PROHIBITION ON USING IDENTITY OF ANOTHER TO MAKE AVAILABLE
CERTAIN INFORMATION.
(a) Prohibition.--
(1) In general.--A person may not make available covered
information on an interactive computer service.
(2) Applicability to certain providers.--Notwithstanding
section 230(c)(1) of the Communications Act of 1934 (47 U.S.C.
230(c)(1)), paragraph (1) of this subsection applies to a
provider of an interactive computer service with respect to
information provided by another information content provider on
the interactive computer service.
(b) Civil Action.--
(1) In general.--An individual may bring a civil action
against a person for a violation of subsection (a) in an
appropriate district court of the United States.
(2) Relief.--In a civil action brought under paragraph (1)
in which the plaintiff prevails, the court may award the
plaintiff--
(A) an amount equal to the sum of any actual
damages;
(B) injunctive relief, including, with respect to a
provider of an interactive computer service, that such
provider may be required to make publicly available a
notice explaining that the source of the applicable
covered information was a person other than the
plaintiff; and
(C) reasonable attorney fees and litigation costs.
(c) Definitions.--In this section:
(1) Covered information.--The term ``covered information''
means information that is--
(A) libelous, slanderous, or criminal; and
(B) presented by a person using the identity of an
individual (who is not such person)--
(i) without the authorization of such
individual; and
(ii) in a manner that suggests such
individual is the source of such information.
(2) Information content provider.--The term ``information
content provider'' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
(3) Interactive computer service.--The term ``interactive
computer service'' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
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