Stopping Big Tech's Censorship Act
This bill modifies the requirements that providers and users of interactive computer services (e.g., social media companies) must meet in order to qualify for certain liability protections.
Specifically, in order to be exempt from being treated as the publisher or speaker of any information published by a third-party information content provider, a provider or user of an interactive computer service must take reasonable steps to prevent or address the unlawful use of such service or unlawful publication of information on the service.
Further, the bill removes the protection against civil liability for a provider or user of an interactive computer service that voluntarily takes action in good faith to restrict access to or availability of certain offensive material, unless such action meets specified First Amendment requirements.
Lastly, to be eligible for protection from liability for information published by a third-party information content provider, a provider or user of an interactive computer service must meet certain notice requirements.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4062 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4062
To amend section 230 of the Communications Act of 1934 to require that
providers and users of an interactive computer service meet certain
standards to qualify for liability protections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2020
Mrs. Loeffler introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend section 230 of the Communications Act of 1934 to require that
providers and users of an interactive computer service meet certain
standards to qualify for liability protections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Big Tech's Censorship
Act''.
SEC. 2. SCOPE OF LIABILITY.
Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``No provider'' and
inserting the following:
``(A) In general.--No provider'';
(ii) in subparagraph (A), as so designated,
by inserting after ``interactive computer
service'' the following: ``that takes
reasonable steps to prevent or address the
unlawful use of the interactive computer
service or unlawful publication of information
on the interactive computer service''; and
(iii) by adding at the end the following:
``(B) Definition.--For purposes of this paragraph,
the term `unlawful use of the interactive computer
service or unlawful publication of information on the
interactive computer service' includes cyberstalking,
sex trafficking, trafficking in illegal products or
activities, child sexual exploitation, and any other
activity relating to the use of, or publication of
information on, an interactive computer service that is
otherwise proscribed by Federal law.'';
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(ii) in the matter preceding clause (i), as
so redesignated, by striking ``No provider''
and inserting the following:
``(A) In general.--Subject to subparagraph (B), no
provider''; and
(iii) by adding at the end the following:
``(B) First amendment requirements.--
``(i) In general.--Subject to clause (ii),
a provider or user of an interactive computer
service that takes action under clause (i) of
subparagraph (A) to restrict access to or
availability of constitutionally protected
material shall not be eligible for the
protection under that subparagraph unless--
``(I) the action is taken in a
viewpoint-neutral manner;
``(II) the restriction limits only
the time, place, or manner in which the
material is available; and
``(III) there is a compelling
reason for restricting that access or
availability.
``(ii) No punitive damages.--A court that
holds a provider or user of an information
computer service liable on account of action
taken to restrict access to or availability of
material as described in subparagraph (A)(i)
because the provider or user did not meet the
requirements under clause (i) of this
subparagraph may not award punitive damages
against the provider or user for taking that
action.''; and
(C) by adding at the end the following:
``(3) Notice requirements.--To be eligible for protection
under this subsection--
``(A) a provider of an interactive computer service
shall, in any terms of service or user agreement
produced by the provider, clearly explain the practices
and procedures used by the provider in restricting
access to or availability of any material; and
``(B) a provider or user of an interactive computer
service that decides to restrict access to or
availability of any material shall provide a clear
explanation of that decision to the information content
provider that created or developed the material.
``(4) Burden of proof.--In any action or proceeding in
which a party asserts paragraph (1) or (2) as a defense to
liability, the party alleging liability shall bear the burden
of demonstrating that the other party is not entitled to
immunity under that paragraph.'';
(2) in subsection (e), by adding at the end the following:
``(6) No effect on federal civil liability.--Nothing in
this section shall be construed to impair or limit any civil
enforcement action brought by a Federal agency, office, or
other establishment arising from any violation of a Federal
statute or regulation.''; and
(3) in subsection (f), by adding at the end the following:
``(5) Constitutionally protected material.--The term
`constitutionally protected material' means any material
protected by a right under the Constitution of the United
States, regardless of whether the right is otherwise
enforceable against a nongovernmental entity.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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