Limitation on recognition and enforcement of foreign censorship laws

(a)

In general

Chapter 181 of title 28, United States Code, is amended by adding at the end the following:

4106.

Limitation on recognition and enforcement of foreign censorship laws

(a)

First amendment considerations

(1)

In general

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment or order entered pursuant to a foreign censorship law on a United States person unless the domestic court determines that the conduct for which the foreign judgment order was imposed would not have been protected under the First Amendment to the Constitution of the United States if it occurred within the United States. (2)

Burden

The party seeking recognition or enforcement of the foreign judgment or order shall bear the burden of making the showings required under paragraph (1). (b)

Jurisdictional considerations

(1)

In general

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment or order described in subsection (a)(1) unless the domestic court determines that the exercise of personal jurisdiction by the foreign court comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. (2)

Burden of establishing exercise of jurisdiction

The party seeking recognition or enforcement of the foreign judgment or order shall bear the burden of making the showing that the foreign court’s exercise of personal jurisdiction comported with the due process requirements that are imposed on domestic courts by the Constitution of the United States. (c)

Judgment Against Provider of Interactive Computer Service

(1)

In general

Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment or order described in subsection (a)(1) against the provider of an interactive computer service, as defined in section 230 of the Communications Act of 1934 (47 U.S.C. 230), unless the domestic court determines that the judgment or order would be consistent with section 230 if the information that is the subject of such judgment or order had been provided in the United States. (2)

Burden of establishing consistency of judgment

The party seeking recognition or enforcement of the foreign judgment or order shall bear the burden of establishing that the judgment is consistent with such section 230. (d)

Appearances Not a Bar

An appearance by a party in a foreign court rendering a foreign judgment or order to which this section applies shall not deprive such party of the right to oppose the recognition or enforcement of the judgment or order under this section, or represent a waiver of any jurisdictional claims. (e)

Limitation on cooperation

No officer or employee of the United States or of any State or unit of local government may assist a foreign government in investigating or enforcing a foreign censorship law against a United States person, if the applicable conduct would be protected under the First Amendment to the Constitution of the United States if it occurred in the United States. (f)

Extradition Protections

Notwithstanding any other provision of law or any treaty obligation of the United States, a United States person may not be extradited from the United States to a foreign country in connection with the violation of a foreign censorship law for conduct that would be protected under the First Amendment to the Constitution of the United States if it occurred within the United States. (g)

Private Right of Action

Notwithstanding chapter 97, any United States person against whom a foreign judgment or order described in subsection (a)(1) is entered may bring an action in an appropriate district court of the United States seeking a declaratory judgment that such foreign judgment or order is unenforceable under subsection (a), injunctive relief, reasonable attorney's fees, and statutory damages in the amount of $25,000. (h)

Annual report

(1)

In general

The Attorney General, in consultation with the heads of other appropriate Federal agencies, shall submit an annual report to the Chair and Ranking Member of the appropriate congressional committees detailing the following: (A) Instances of foreign censorship laws affecting the speech rights of the ability to conduct business of United States persons. (B) The costs imposed upon United States persons to comply with, or the penalties imposed by foreign entities pursuant to, foreign censorship efforts aimed at constitutionally protected speech. (C) Whether any agreements, treaties, or other cooperative arrangements between the United States and foreign entities that engage in efforts to censor constitutionally protected speech are still in the interests of the United States to maintain. (D) Recommendations for additional measures to counter foreign censorship efforts affecting the speech of United States persons. (2)

Public disclosure

The report shall, to the extent feasible be made publicly available, with necessary redactions. (i)

Database

The Federal Trade Commission shall establish and maintain a database that includes instances of speech that occurred within the United States and is protected under the First Amendment to the Constitution of the United States that have been censored or targeted for censorship under foreign laws, except that such database shall exclude proprietary company data and information or images that are obscene. (j)

Definitions

For purposes of this section: (1)The term foreign judgment or order has the meaning given such term in section 4101 and includes a subpoena, an order, an administrative action, a demand, a fine, and any other similar measure issued by a foreign court. (2)The term foreign censorship law means a law of a foreign country that imposes liability for conduct that would be protected under the First Amendment to the Constitution of the United States if the conduct occurred in the United States, including restrictions related to online safety, hate speech, misinformation, disinformation, harmful content, compelled disclosure of user information, and other similar restrictions. (3)The term appropriate congressional committees means the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate. (k)

Severability

If any provision of this section or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this section, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.

(b)

clerical amendment

The table of sections for chapter 181 of title 28, United States Code, is amended by adding at the end the following:

4106. Limitation on recognition and enforcement of foreign censorship laws.