,i #aafth ,,congress #b;d ,session ,h4 ,r4 #heif ,,in ,,the ,,house ,,of ,,representatives ,october #af1 #bjbj,mr4 ,budd 7for himself1 ,mr4 ,crawford1 ,mr4 ,flores1 ,mr4 ,biggs1 ,mr4 ,gooden1 ,mr4 ,bishop of ,north ,carolina1 and ,mr4 ,waltz7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,communications ,act of #aicd to provide accountability for bad actors who abuse the ,good ,samaritan protections provided under that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,limiting ,section #bcj ,immunity to ,good ,samaritans ,act4 #b4 ,scope of protection ,section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,no provider and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 no provider 2 and 7ii7 by adding at the end the following3 7,b7 ,condition ,with respect to an edge provider1 subparagraph 7,a7 shall only apply if the provider adopts and maintains written terms of service that-- 7i7 take precedence over other such terms in case of any conflict between the sets of terms2 7ii7 describe any policies of the edge provider relating to restricting access to or availability of material2 and 7iii7 promise that the edge provider shall-- 7,i7 design and operate the provided service in good faith2 and 7,,ii7 if the provider is found1 in a civil action brought in ,federal or ,state court1 or by an arbitrator1 to breach the promise made under subclause 7,i7 with respect to a claimant user1 pay that user-- 7aa7 the greater of-- 7,,aa7 damages of not less than #e1jjj2 or 7,,bb7 actual damages2 and 7bb7 with respect to litigation or arbitration by the user to enforce the promise-- 7,,aa7 a reasonable attorney's fee2 and 7,,bb7 costs and other expenses described in sections #ahba and #aibj of title #bh1 ,united ,states ,code 7or1 in the case of an action brought in ,state court or through arbitration1 any similar costs and other expenses74 2 and 7,b7 by adding at the end the following3 7#c7 ,good faith ,for the purposes of this subsection1 a provider of an interactive computer service-- 7,a7 acts in good faith if the provider acts with an honest belief and purpose1 observes fair dealing standards1 and acts without fraudulent intent2 and 7,b7 does not act in good faith if the provider takes an action that includes-- 7i7 the intentionally selective enforcement of the terms of service of the interactive computer service1 including the intentionally selective enforcement of policies of the provider relating to restricting access to or availability of material2 7ii7 enforcing the terms of service of the interactive computer service1 including enforcing policies of the provider to restrict access to or availability of material1 against a user by employing an algorithm that selectively enforces those terms1 if the provider knows1 or acts in reckless disregard of the fact1 that the algorithm selectively enforces those terms2 7iii7 the intentional failure to honor a public or private promise made by1 or on behalf of1 the provider2 or 7iv7 any other intentional action taken by the provider without an honest belief and purpose1 without observing fair dealing standards1 or with fraudulent intent4 2 7#b7 in subsection 7e71 by adding at the end the following3 7#f7 ,no effect on legal promises ,nothing in this section shall be construed to impair or limit any claim for breach of contract1 promissory estoppel1 or breach of a duty of good faith4 2 and 7#c7 in subsection 7f71 by adding at the end the following3 7#e7 ,edge provider ,the term edge provider-- 7,a7 means an entity that-- 7i7 provides an interactive computer service-- 7,i7 through a website1 online application1 or mobile application 7including a single interactive computer service that is provided through more than #a such website or application72 7,,ii7 through which information provided by another information content provider is distributed2 and 7,,iii7 that1 in any month during the most recently completed #ab-month period-- 7aa7 more than #cj1jjj1jjj users in the ,united ,states accessed1 without regard to the means by which the users accessed the service2 or 7bb7 more than #cjj1jjj1jjj users worldwide accessed1 without regard to the means by which the users accessed the service2 and 7ii7 during the most recently completed taxable year1 had more than #a1ejj1jjj1jjj in global revenue2 and 7,b7 does not include an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code4 4