[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8719 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8719

  To amend section 230 of the Communications Act of 1934 to limit the 
immunity of providers and users of interactive computer services under 
                 such section, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2020

  Mr. Steube introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend section 230 of the Communications Act of 1934 to limit the 
immunity of providers and users of interactive computer services under 
                 such section, and for other purposes.

    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 ``Curbing Abuse and Saving Expression 
In Technology Act'' or the ``CASE-IT Act''.

SEC. 2. LIMITATION OF SECTION 230 IMMUNITY.

    (a) In General.--Section 230(c) of the Communications Act of 1934 
(47 U.S.C. 230(c)) is amended by adding at the end the following:
            ``(3) Exceptions relating to illegal, exploitive, or 
        harmful content.--
                    ``(A) In general.--During a period described in 
                subparagraph (D), paragraph (1) shall not apply to a 
                provider or user of an interactive computer service 
                that creates, develops, posts, materially contributes 
                to, or induces another person to create, develop, post, 
                or materially contribute to illegal online content.
                    ``(B) Certain contact between adult and minor.--
                During a period described in subparagraph (D), 
                paragraph (1) shall not apply to a provider of an 
                interactive computer service that knowingly permits or 
                facilitates an adult having contact through an 
                interactive computer service of such provider with an 
                individual that such adult knows or believes to be a 
                minor, if such contact involves any matter containing 
                explicit verbal descriptions or narrative accounts of 
                sexually explicit nudity, sexual conduct, sexual 
                excitement, or sadomasochistic abuse that is intended 
                to arouse or satisfy the sexual desire of either such 
                adult or such minor.
                    ``(C) Content that is indecent, obscene, or 
                otherwise harmful to minors.--During a period described 
                in subparagraph (D), paragraph (1) shall not apply to a 
                provider or user of an interactive computer service 
                that permits or facilitates the distribution of content 
                that--
                            ``(i) is indecent, obscene, or otherwise 
                        harmful to minors; and
                            ``(ii) is made readily accessible to minors 
                        by the failure of such provider or user to 
                        implement a system designed to effectively 
                        screen users who are minors from accessing such 
                        content, to the extent feasible using 
                        technology available at the time of such 
                        distribution.
                    ``(D) Period of loss of immunity.--For purposes of 
                subparagraph (A), (B), or (C), a period described in 
                this subparagraph is--
                            ``(i) any 1-year period beginning on the 
                        date on which the provider engages in conduct 
                        described in such subparagraph; or
                            ``(ii) in the case of such conduct that 
                        continues for more than 1 day, any 1-year 
                        period beginning on the date on which the 
                        provider ceases such conduct.
                    ``(E) Rule of construction.--This paragraph shall 
                be broadly construed to advance the purposes of this 
                section for the deployment of new technologies and 
                policies to block or filter offensive content such as 
                indecency, obscenity, pornography, or sexually explicit 
                content so as to prevent any such content from being 
                readily accessible to minors.
            ``(4) Exception for stifling free expression.--
                    ``(A) In general.--Paragraphs (1) and (2)(A) shall 
                not apply to a provider of an interactive computer 
                service that is in the business or practice of 
                communicating user-generated content during any period 
                during which such provider--
                            ``(i) is dominant in its market; and
                            ``(ii) makes content moderation decisions 
                        pursuant to policies or practices that are not 
                        reasonably consistent with the First Amendment 
                        to the Constitution.
                    ``(B) Rule of construction.--This paragraph shall 
                be broadly construed to advance the purposes of this 
                section in encouraging the growth of the internet as a 
                forum for a true diversity of discourse, unique 
                opportunities for cultural development, and myriad 
                avenues for intellectual activity, where lawful 
                political, religious, cultural, social, scientific, and 
                other online content can flourish without 
                discrimination based on viewpoint.
            ``(5) Private right of action.--
                    ``(A) In general.--If a provider of an interactive 
                computer service that is dominant in its market bans, 
                blocks, down-ranks, demonetizes in its advertising, or 
                otherwise subjects to similar adverse treatment the 
                content of any information content provider that uses 
                an interactive computer service of such dominant 
                provider by reason of the failure of such dominant 
                provider to make content moderation decisions pursuant 
                to policies or practices that are reasonably consistent 
                with the First Amendment to the Constitution, such 
                information content provider may bring a civil action 
                in an appropriate State court or an appropriate 
                district court of the United States against such 
                dominant provider to obtain the relief described in 
                subparagraph (B).
                    ``(B) Relief.--
                            ``(i) In general.--An information content 
                        provider that prevails in a civil action under 
                        subparagraph (A) may obtain the following 
                        relief:
                                    ``(I) The greater of--
                                            ``(aa) compensatory 
                                        damages, including both 
                                        personal and business economic 
                                        loss; or
                                            ``(bb) liquidated damages 
                                        in the amount of $500,000 for 
                                        each incident of adverse 
                                        treatment described in 
                                        subparagraph (A).
                                    ``(II) Punitive damages, in the 
                                case of a reckless failure of the 
                                provider of the interactive computer 
                                service to make content moderation 
                                decisions pursuant to policies or 
                                practices that are reasonably 
                                consistent with the First Amendment to 
                                the Constitution.
                            ``(ii) Treble damages.--In the case of a 
                        willful or knowing failure of the provider of 
                        the interactive computer service to make 
                        content moderation decisions pursuant to 
                        policies or practices that are reasonably 
                        consistent with the First Amendment to the 
                        Constitution, the information content provider 
                        may obtain, instead of the amount determined 
                        under clause (i)(I), three times such amount.
            ``(6) Certification regarding market dominance and content 
        moderation policies and practices.--
                    ``(A) In general.--Not later than 120 days after 
                the date of the enactment of this paragraph, the 
                Federal Trade Commission and the Attorney General shall 
                promulgate regulations to establish a process under 
                which a provider of an interactive computer service 
                with net assets or annual net revenue exceeding 
                $500,000,000 may apply for a review and certification 
                by the Federal Trade Commission, acting with the 
                concurrence of the Attorney General--
                            ``(i) that such provider is not dominant in 
                        its market; or
                            ``(ii) if such provider is determined to be 
                        dominant in its market under clause (i), that 
                        the policies and practices of such dominant 
                        provider relating to content moderation, as 
                        applied to information content providers using 
                        the interactive computer service or interactive 
                        computer services of such dominant provider, 
                        are reasonably consistent with the First 
                        Amendment to the Constitution.
                    ``(B) Effect of certification.--A certification 
                under subparagraph (A) may, in the discretion of the 
                trial court, be admissible in any civil action or 
                criminal prosecution in which it is asserted that 
                paragraph (4) applies to the provider to which such 
                certification relates, or in any civil action brought 
                under paragraph (5) against such provider, but such 
                certification shall not be determinative on the issues 
                described in clauses (i) and (ii) of such 
                subparagraph.''.
    (b) Definitions.--Section 230(f) of the Communications Act of 1934 
(47 U.S.C. 230(f)) is amended by adding at the end the following:
            ``(5) Dominant in its market.--The term `dominant in its 
        market' means, with respect to a provider of an interactive 
        computer service, that such provider has gained substantial, 
        sustained market power over any competitors. Actual monopoly 
        control over a market is not required to satisfy the preceding 
        sentence.
            ``(6) Reasonably consistent with the first amendment to the 
        constitution.--The term `reasonably consistent with the First 
        Amendment to the Constitution' means, with respect to the 
        policies and practices of a provider of an interactive computer 
        service relating to content moderation, that such provider 
        conforms such policies and practices to established law under 
        the First Amendment to the Constitution applicable to state 
        actors, regardless of whether or not such provider is a state 
        actor, to the extent feasible taking into consideration the 
        developing capabilities and complexities of technology and the 
        unique characteristics of online communication platforms.
            ``(7) Minor.--The term `minor' means an individual who is 
        under 18 years of age.
            ``(8) Harmful to minors.--The term `harmful to minors' 
        means, with respect to content, that such content contains a 
        description or representation of nudity, sexual conduct, sexual 
        excitement, or sadomasochistic abuse that--
                    ``(A) predominantly appeals to the prurient, 
                shameful, or morbid interest of minors;
                    ``(B) is patently offensive to prevailing standards 
                in the adult community with respect to what is suitable 
                material for minors; and
                    ``(C) is utterly without redeeming social 
                importance for minors.
            ``(9) Adult.--The term `adult' means an individual who is 
        18 years of age or older.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to conduct by a provider of an interactive computer 
service (as defined in section 230(f) of the Communications Act of 1934 
(47 U.S.C. 230(f))) that occurs after the date of the enactment of this 
Act.
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