[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5020 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 5020

        To repeal section 230 of the Communications Act of 1934.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2020

  Mr. Graham introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
        To repeal section 230 of the Communications Act of 1934.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF SECTION 230.

    (a) In General.--Section 230 of the Communications Act of 1934 (47 
U.S.C. 230) is repealed.
    (b) Conforming Amendments.--
            (1) Communications act of 1934.--The Communications Act of 
        1934 (47 U.S.C. 151 et seq.) is amended--
                    (A) in section 223(h) (47 U.S.C. 223(h)), by 
                striking paragraph (2) and inserting the following:
            ``(2) The term `interactive computer service' means any 
        information service, system, or access software provider that 
        provides or enables computer access by multiple users to a 
        computer server, including specifically a service or system 
        that provides access to the Internet and such systems operated 
        or services offered by libraries or educational 
        institutions.''; and
                    (B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by 
                striking ``or section 230''.
            (2) Trademark act of 1946.--Section 45 of the Act entitled 
        ``An Act to provide for the registration and protection of 
        trademarks used in commerce, to carry out the provisions of 
        certain international conventions, and for other purposes'', 
        approved July 5, 1946 (commonly known as the ``Trademark Act of 
        1946'') (15 U.S.C. 1127) is amended by striking the definition 
        relating to the term ``Internet'' and inserting the following:
    ``The term `Internet' means the international computer network of 
both Federal and non-Federal interoperable packet switched data 
networks.''.
            (3) Title 17, united states code.--Section 1401 of title 
        17, United States Code, is amended by striking subsection (g).
            (4) Title 18, united states code.--Part I of title 18, 
        United States Code, is amended--
                    (A) in section 2257(h)(2)(B)(v), by striking ``, 
                except that deletion of a particular communication or 
                material made by another person in a manner consistent 
                with section 230(c) of the Communications Act of 1934 
                (47 U.S.C. 230(c)) shall not constitute such selection 
                or alteration of the content of the communication''; 
                and
                    (B) in section 2421A--
                            (i) in subsection (a), by striking ``(as 
                        such term is defined in defined in section 
                        230(f) the Communications Act of 1934 (47 
                        U.S.C. 230(f)))'' and inserting ``(as that term 
                        is defined in section 223 of the Communications 
                        Act of 1934 (47 U.S.C. 223))''; and
                            (ii) in subsection (b), by striking ``(as 
                        such term is defined in defined in section 
                        230(f) the Communications Act of 1934 (47 
                        U.S.C. 230(f)))'' and inserting ``(as that term 
                        is defined in section 223 of the Communications 
                        Act of 1934 (47 U.S.C. 223))''.
            (5) Controlled substances act.--Section 
        401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 
        U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking ``, except 
        that deletion of a particular communication or material made by 
        another person in a manner consistent with section 230(c) of 
        the Communications Act of 1934 shall not constitute such 
        selection or alteration of the content of the communication''.
            (6) Webb-kenyon act.--Section 3(b)(1) of the Act entitled 
        ``An Act divesting intoxicating liquors of their interstate 
        character in certain cases'', approved March 1, 1913 (commonly 
        known as the ``Webb-Kenyon Act'') (27 U.S.C. 122b(b)(1)) is 
        amended by striking ``(as defined in section 230(f) of the 
        Communications Act of 1934 (47 U.S.C. 230(f))'' and inserting 
        ``(as defined in section 223 of the Communications Act of 1934 
        (47 U.S.C. 223))''.
            (7) Title 28, united states code.--Section 4102 of title 
        28, United States Code, is amended--
                    (A) by striking subsection (c); and
                    (B) in subsection (e)--
                            (i) by striking ``construed to'' and all 
                        that follows through ``affect'' and inserting 
                        ``construed to affect''; and
                            (ii) by striking ``defamation; or'' and all 
                        that follows and inserting ``defamation.''.
            (8) Title 31, united states code.--Section 5362(6) of title 
        31, United States Code, is amended by striking ``section 230(f) 
        of the Communications Act of 1934 (47 U.S.C. 230(f))'' and 
        inserting ``section 223 of the Communications Act of 1934 (47 
        U.S.C. 223)''.
            (9) National telecommunications and information 
        administration organization act.--Section 157 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 941) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsections (f) through (j) as 
                subsections (e) through (i), respectively.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2023.
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