[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2314 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2314

   To require providers of interactive computer services to publicly 
 disclose information relating to requests or recommendations made by 
    government entities to moderate content, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2023

Mr. Rubio (for himself, Mr. Hagerty, Mr. Johnson, Mr. Scott of Florida, 
  Mr. Vance, and Mr. Wicker) introduced the following bill; which was 
  read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
   To require providers of interactive computer services to publicly 
 disclose information relating to requests or recommendations made by 
    government entities to moderate content, 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 ``Preventing Restrictions and 
Empowering Speakers to Enable Robust and Varied Exchanges in Online 
Speech Act of 2023'' or the ``PRESERVE Online Speech Act of 2023''.

SEC. 2. PUBLIC DISCLOSURE OF REQUEST OR RECOMMENDATION TO MODERATE 
              CONTENT.

    (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal 
        Communications Commission;
            (2) the term ``government entity'' means--
                    (A) a United States or foreign government entity; 
                and
                    (B) an entity acting on behalf of an entity 
                described in subparagraph (A); and
            (3) the terms ``information content provider'' and 
        ``interactive computer service'' have the meanings given those 
        terms in section 230 of the Communications Act of 1934 (47 
        U.S.C. 230).
    (b) Requirement To Disclose.--Except as provided in subsection (c), 
not later than 7 days after the date on which a government entity 
requests or recommends that a provider of an interactive computer 
service moderate content on the interactive computer service, including 
editing, deleting, throttling, limiting the reach of, reducing or 
eliminating the ability of an information content provider to earn 
revenue from, or comment upon, information provided by an information 
content provider, terminating or limiting an account or usership, and 
any other content moderation, promotion, and other curation practices, 
the provider shall issue a public disclosure on a public website hosted 
by the provider that includes--
            (1) specific information about the request or 
        recommendation;
            (2) the government entity that made the request or 
        recommendation and the point of contact for that government 
        entity;
            (3) the rationale for the request or recommendation; and
            (4) any steps taken by the provider as a result of the 
        request or recommendation.
    (c) Exception.--Subsection (b) shall not apply with respect to 
actions taken by a provider of an interactive computer service as a 
result of a Federal law enforcement proceeding or in the interest of 
national security.
    (d) Fines for Noncompliance.--Any provider of an interactive 
computer service that does not comply with the requirements under 
subsection (b) shall be fined $50,000 per day of noncompliance, which 
fines shall be collected by the Commission for deposit in the Rural 
Digital Opportunity Fund.
    (e) Annual Report.--The Commission shall, on an annual basis, 
compile and submit to the Committee on the Judiciary and the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on the Judiciary and the Committee on Energy and Commerce of 
the House of Representatives a report that includes the contents of 
each public disclosure made by a provider of an interactive computer 
service under subsection (b) during the year covered by the report.
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