[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[Senate]
[Page S1795]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2212. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 1865, to amend the Communications Act of 1934 to 
clarify that section 230 of such Act does not prohibit the enforcement 
against providers and users of interactive computer services of Federal 
and State criminal and civil law relating to sexual exploitation of 
children or sex trafficking, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EFFECT ON LIABILITY OF EFFORTS TO IDENTIFY, 
                   RESTRICT ACCESS TO, OR REMOVE OBJECTIONABLE 
                   MATERIAL.

       (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) Effect of efforts to identify, restrict access to, or 
     remove objectionable material.--
       ``(A) Effect on criminal and civil liability generally.--
     The fact that a provider or user of an interactive computer 
     service has undertaken any efforts (including monitoring and 
     filtering) to identify, restrict access to, or remove 
     material the provider or user considers objectionable shall 
     not be considered in determining the criminal or civil 
     liability of the provider or user for any material that the 
     provider or user has not removed or restricted access to.
       ``(B) Effect on protections.--The protections under 
     paragraphs (1) and (2) are not limited by or contingent upon 
     an interactive computer service provider's--
       ``(i) moderation of content; or
       ``(ii) use of particular content moderation practices.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply regardless of whether the conduct alleged 
     occurred, or is alleged to have occurred, before, on, or 
     after such date of enactment.
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