PolicyBrief
S. 150
119th CongressJan 17th 2025
Combating Cartels on Social Media Act of 2025
IN COMMITTEE

The "Combating Cartels on Social Media Act of 2025" aims to combat transnational criminal organizations' recruitment and illicit activities on social media and online platforms by requiring a joint government strategy and assessment, without increasing law enforcement powers or authorizing additional funding.

Mark Kelly
D

Mark Kelly

Senator

AZ

LEGISLATION

Combating Cartels on Social Media Act Aims to Disrupt Online Recruitment, But Raises Privacy Questions

The Combating Cartels on Social Media Act of 2025 is a new bill focused on stopping transnational criminal organizations (TCOs) from using online platforms to recruit people for illegal activities like drug smuggling, human trafficking, and weapons trafficking. The bill, signed into law, requires the government to figure out how these groups are using social media and other online services, and then come up with a plan to stop them.

Digital Battleground

The Act mandates a joint assessment within 180 days by the Secretary of Homeland Security, the Attorney General, and the Secretary of State. This assessment will detail how TCOs use "covered services" – a broad term that includes social media, messaging apps, and even online gaming platforms (as determined by the Secretary of Homeland Security) – to recruit individuals and conduct illicit operations. This assessment will also examine current efforts to counter these activities.

For example, if a cartel is using a specific gaming platform's chat feature to coordinate drug shipments or lure vulnerable individuals, this assessment should identify that platform and the tactics used. It will also examine current efforts to counter these activities. (SEC.3)

Cracking Down and Protecting Rights

Within one year, these same agencies must develop a strategy to combat TCO recruitment on these platforms. This strategy will focus on improving cooperation between different law enforcement agencies, both within the U.S. and internationally. It also aims to increase awareness, especially among youth in border communities, about the dangers of online cartel recruitment. (SEC.4)

The strategy must include measures to protect privacy, civil rights, and civil liberties, particularly for minors. The bill emphasizes that law enforcement should focus on the criminal organizations' recruitment activities, not the individuals being targeted. However, the broad definition of "covered services," left to the discretion of the Secretary of Homeland Security, raises concerns about potential overreach and the monitoring of a wide range of online communications.

For example, a college student researching cartel activity for a class project could potentially have their online activity monitored if the platform they use is deemed a "covered service." Or, individuals who use encrypted messaging apps for legitimate privacy reasons could find their communications under scrutiny. (SEC.2, SEC. 4)

Implementation and Oversight

Implementation of the strategy is slated to begin within 90 days of its submission to Congress. Regular reports and assessments are required to monitor its effectiveness and ensure that civil liberties are protected. (SEC.4) It's important to note that the Act explicitly states that no additional funding will be authorized to carry out these measures. (SEC.6) This means existing resources will need to be reallocated, potentially straining already stretched agencies. Also, the bill specifically states that it doesn't grant any new powers to law enforcement or regulatory agencies. (SEC. 5)

Ultimately, the Combating Cartels on Social Media Act walks a tightrope, trying to address a serious problem while safeguarding individual rights. Whether it can successfully navigate that balance remains to be seen, and its implementation will require careful scrutiny.