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FACE Act Introduced

By Bradley S. Shear

The Forbidding Advertisement Through Child Exploitation Act (FACE Act) of 2013 was introduced in Congress on July 10, 2013 by U.S. Congressman John J. Duncan, Jr. (R-N) to help protect the personal privacy of children and teens. The official title as introduced states: “To prohibit providers of social media services from using self-images uploaded by minors for commercial purposes.”

The FACE Act states: “(a) provider of a social media service may not intentionally or knowingly use for a commercial purpose a self image uploaded to such a service by a minor.” http://1.usa.gov/17Nl6Uf. The Act empowers the Federal Trade Commission (FTC) to promulgate regulations under section 553 of title 5 of the United States Code to implement the Act. This aspect of the legislation is extremely important because it appears to provide the FTC the flexibility to create regulations that will enable it to account for changes in technology.

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