Sec. 6. Implementation and enforcement
504 words·~2 min read·
/bill/118/s/2521/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to implement section 4(c)(2)(B)(v) and subsections (b), (c), and
(d)of section 5. Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with relevant industry stakeholders, shall establish rules and procedures to facilitate the verification of the validity of requests from users and competing communications providers to obtain user data under sections 3(a) and 4(a). Not later than 180 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall develop and publish model technical standards by which to make interoperable popular classes of communications or information services, including— online messaging; multimedia sharing; and social networking. The Commission shall regularly assess compliance by large communications platform providers with the provisions of this Act. The Commission shall establish procedures under which a user, a large communications platform provider, a competing communications provider, and a custodial third-party agent may file a complaint alleging that a large communications platform provider, a competing communication provider, or a custodial third-party agent has violated this Act. A violation of this Act, or regulations enacted pursuant to this Act, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this Act. Except as provided in subparagraph (C), any person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). Notwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2)) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs
(A)and
(B)of this paragraph, with respect to common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). In assessing any fine for a violation of this Act, the Commission shall consider each individual user affected by a violation of this Act as an individual violation. Any large communications platform provider that establishes and maintains interoperability through an open standard established under subsection
(c)shall be entitled to a rebuttable presumption of providing access on fair, reasonable, and nondiscriminatory terms. The provisions of this Act shall preempt any State law only to the extent that such State law is inconsistent with the provisions of this Act. This Act shall take effect on the date on which the Commission promulgates regulations under subsection (a).
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources