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”.
Stopping Hijacking of Identity Expressly for Libel on Domains Act
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.
Sec. 2 Prohibition on using identity of another to make available certain information
Prohibition—
In general— A person may not make available covered information on an interactive computer service.
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.
Civil action—
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.
Relief— In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award the plaintiff—
an amount equal to the sum of any actual damages;
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
reasonable attorney fees and litigation costs.
Definitions— In this section:
Covered information— The term covered information means information that is—
libelous, slanderous, or criminal; and
presented by a person using the identity of an individual (who is not such person)—
without the authorization of such individual; and
in a manner that suggests such individual is the source of such information.
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)).
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)).