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Updated SHIELD Act hits US House subcommittee, fights identity theft online

H.R. 8463 would provide “legal recourse” against identity thieves

Rep. Darren Soto, D-Fla., center, accompanied by Rep. Tony Cardenas, D-Calif., left, and Rep. Teresa Leger Fernandez, D-N.M., right, speaks to members of the media following a meeting with President Joe Biden at the White House in Washington, Monday, April 25, 2022. (AP Photo/Andrew Harnik) (Andrew Harnik, Copyright 2022 The Associated Press. All rights reserved)

ORLANDO, Fla. – Florida Congressman Darren Soto, D-Kissimmee, presented “updated talking points” to the Innovation, Data and Commerce Subcommittee on Capitol Hill Thursday that brings the proposed SHIELD Act closer to a full congressional vote.

Under the updated language issued today, the SHIELD Act amendment Would:

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  • Prohibit any person from making available libelous, slanderous, or criminal information on an interactive computer service if it is presented using the identity of another individual without their authorization in a manner that suggests that the individual is the source.
  • Allow individuals whose identities have been misused in violation of this prohibition to bring a civil lawsuit in federal court against the violator.
  • If the plaintiff prevails, allow the court to award actual damages, injunctive relief (including requiring the removal of the offending information and a public notice of the correction), and reasonable attorney fees and litigation costs.

“I look forward to working with colleagues on both sides of the aisle,” Soto said. “It’s really important, a measure to protect families across the nation and our (personal) data online.”

[WATCH THE SUBCOMMITTEE HEARING]

The News 6 investigation into the racial slurs linked to UCF student Alex Bugay by an imposter was presented to Soto last November.

Soto’s team reviewed the WKMG-TV report and developed the SHIELD Act, an aggressive legislative action that would “prohibit and establish penalties for the use of an identity of another without authorization.”

“The SHIELD Act will allow people to shield themselves from this identity theft by creating a duty by the internet company to take down false information –as someone posing as an innocent individual,” Soto told News 6.

The veteran congressman cited the Bugay investigation during a subcommittee hearing on Wednesday and again on Thursday.

Carrie Goldberg, founder of the Victim’s Rights Law Firm, testified Wednesday that without the SHIELD Act, “The man in Florida, (Bugay), would have no rights to go after the platform that was knowingly publishing the personal content.”

[WATCH PREVIOUS COVERAGE]

The posts on X, formerly Twitter, issued racial slurs against state representative Mesha Mainor of Georgia from what appeared to be Alex Bugay’s UCF email.

The fallout cost Bugay his medical internship with Orlando Health after Rep. Mainor reposted a string of the vulgar hate posts directed at her by the Bugay imposter.

Even after she admitted the posts had nothing to do with Bugay, the UCF senior was unable to continue his internship.

Soto said the Bugay case Is compelling but there will be several steps before the legislation gets to the finish line.

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