H.R. 8463

[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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 17, 2024

Mr. Soto introduced the following bill; which was referred to the 
Committee on Energy and Commerce

_______________________________________________________________________

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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