[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5673 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5673

  To amend title 18, United States Code, to provide a safe harbor for 
               voluntary monitoring by e-commerce sites.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2000

  Mr. Cannon introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to provide a safe harbor for 
               voluntary monitoring by e-commerce sites.

    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 ``Responsible Monitoring Act of 
2000''.

SEC. 2. RESPONSIBLE MONITORING AMENDMENT.

    Section 1030 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(i)(1) A provider of an interactive computer service (as defined 
in section 230(f) of the Communications Act of 1934) that primarily 
hosts the sale or offering for sale of goods and services by third 
parties shall not be liable under Federal or State law for taking in 
good faith any action to detect, remove, or disable access to any goods 
or services the sale or offering for sale of which the interactive 
computer service provider believes in good faith to be illegal under 
Federal or State law.
    ``(2) To the extent that an interactive computer service provider 
takes an action in good faith to detect illegal items in accordance 
with paragraph (1) and identifies goods or services it believes in good 
faith to be illegal under Federal or State law, that interactive 
computer service provider must remove or restrict access to those goods 
or services.
    ``(3) Nothing in this section may be construed to impose or 
authorize an obligation on any interactive computer service provider 
described in paragraph (1) to take any action to attempt to detect 
illegal goods or services, except as required by paragraph (2).
    ``(4) Nothing in this section shall be construed to limit or expand 
any law pertaining to intellectual property.
    ``(5) Nothing in this section may be construed as limiting or 
expanding any right of action arising out of a legal obligation, 
including one created by contract or court order, on the part of an 
interactive computer service provider (as defined in paragraph (1)) to 
detect, remove, or restrict access to illegal goods or services.
    ``(6) As used in this section, the term `in good faith' means 
without malice, bad faith, or knowing disregard for the truth.''.
                                 <all>