This bill would change Section 230 of the Communications Act of 1934. It would add rules about when online service providers can lose immunity for content moderation. The bill adds an "affirmative defense" that would require a provider or user to prove they are not an information content provider in civil or criminal cases. It also says providers lose Section 230 protection when they restrict material that reasonably appears to suppress political speech if that restriction happens after a communication sent only to the provider by a governmental entity or by a non-governmental entity acting at the request of a governmental entity. The bill creates an exception: communications for a "legitimate law enforcement purpose" or a "national security purpose" are not treated as those kinds of communications. The bill also defines "legitimate law enforcement purpose" as communications to allow a law enforcement agency to investigate a criminal offense within its lawful authority. It defines "national security purpose" to include intelligence activities, cryptologic activities related to national security, command and control of the Armed Forces, equipment integral to a weapon or weapons system, and direct fulfillment of a military or intelligence mission.
If this bill became law, platforms and users who moderate content could face more legal risk in some cases. Providers would need to show they are not an "information content provider" in certain lawsuits. Platforms that remove or limit political speech after receiving a communication sent only to them by a governmental actor (or a private actor acting at that actor's request) could lose Section 230 protections, unless the communication was for lawful criminal investigation or covered national security purposes.
No publicly available information.
The bill's title and text state its purpose is to address "governmental interference in content moderation decisions by providers of interactive computer services." The bill would narrow Section 230 protections in situations where moderation follows a communication sent only to a provider by a governmental actor or by a private actor acting at that government's request, while keeping exceptions for legitimate law enforcement and national security communications.
No publicly available information.