[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4062 Introduced in Senate (IS)]

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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.''.
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