,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hgai ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjbj,mr4 ,steube introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend section #bcj of the ,communications ,act of #aicd to limit the immunity of providers and users of interactive computer services under such section1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,curbing ,abuse and ,saving ,expression ,in ,technology ,act or the ,,case-,,it ,act4 #b4 ,limitation of section #bcj immunity 7a7 ,in general ,section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 is amended by adding at the end the following3 7#c7 ,exceptions relating to illegal1 exploitive1 or harmful content 7,a7 ,in general ,during a period described in subparagraph 7,d71 paragraph 7#a7 shall not apply to a provider or user of an interactive computer service that creates1 develops1 posts1 materially contributes to1 or induces another person to create1 develop1 post1 or materially contribute to illegal online content4 7,b7 ,certain contact between adult and minor ,during a period described in subparagraph 7,d71 paragraph 7#a7 shall not apply to a provider of an interactive computer service that knowingly permits or facilitates an adult having contact through an interactive computer service of such provider with an individual that such adult knows or believes to be a minor1 if such contact involves any matter containing explicit verbal descriptions or narrative accounts of sexually explicit nudity1 sexual conduct1 sexual excitement1 or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either such adult or such minor4 7,c7 ,content that is indecent1 obscene1 or otherwise harmful to minors ,during a period described in subparagraph 7,d71 paragraph 7#a7 shall not apply to a provider or user of an interactive computer service that permits or facilitates the distribution of content that-- 7i7 is indecent1 obscene1 or otherwise harmful to minors2 and 7ii7 is made readily accessible to minors by the failure of such provider or user to implement a system designed to effectively screen users who are minors from accessing such content1 to the extent feasible using technology available at the time of such distribution4 7,d7 ,period of loss of immunity ,for purposes of subparagraph 7,a71 7,b71 or 7,c71 a period described in this subparagraph is-- 7i7 any #a-year period beginning on the date on which the provider engages in conduct described in such subparagraph2 or 7ii7 in the case of such conduct that continues for more than #a day1 any #a-year period beginning on the date on which the provider ceases such conduct4 7,e7 ,rule of construction ,this paragraph shall be broadly construed to advance the purposes of this section for the deployment of new technologies and policies to block or filter offensive content such as indecency1 obscenity1 pornography1 or sexually explicit content so as to prevent any such content from being readily accessible to minors4 7#d7 ,exception for stifling free expression 7,a7 ,in general ,paragraphs 7#a7 and 7#b77;,a7 shall not apply to a provider of an interactive computer service that is in the business or practice of communicating user-generated content during any period during which such provider-- 7i7 is dominant in its market2 and 7ii7 makes content moderation decisions pursuant to policies or practices that are not reasonably consistent with the ,first ,amendment to the ,constitution4 7,b7 ,rule of construction ,this paragraph shall be broadly construed to advance the purposes of this section in encouraging the growth of the internet as a forum for a true diversity of discourse1 unique opportunities for cultural development1 and myriad avenues for intellectual activity1 where lawful political1 religious1 cultural1 social1 scientific1 and other online content can flourish without discrimination based on viewpoint4 7#e7 ,private right of action 7,a7 ,in general ,if a provider of an interactive computer service that is dominant in its market bans1 blocks1 down-ranks1 demonetizes in its advertising1 or otherwise subjects to similar adverse treatment the content of any information content provider that uses an interactive computer service of such dominant provider by reason of the failure of such dominant provider to make content moderation decisions pursuant to policies or practices that are reasonably consistent with the ,first ,amendment to the ,constitution1 such information content provider may bring a civil action in an appropriate ,state court or an appropriate district court of the ,united ,states against such dominant provider to obtain the relief described in subparagraph 7,b74 7,b7 ,relief 7i7 ,in general ,an information content provider that prevails in a civil action under subparagraph 7,a7 may obtain the following relief3 7,i7 ,the greater of-- 7aa7 compensatory damages1 including both personal and business economic loss2 or 7bb7 liquidated damages in the amount of #ejj1jjj for each incident of adverse treatment described in subparagraph 7,a74 7,,ii7 ,punitive damages1 in the case of a reckless failure of the provider of the interactive computer service to make content moderation decisions pursuant to policies or practices that are reasonably consistent with the ,first ,amendment to the ,constitution4 7ii7 ,treble damages ,in the case of a willful or knowing failure of the provider of the interactive computer service to make content moderation decisions pursuant to policies or practices that are reasonably consistent with the ,first ,amendment to the ,constitution1 the information content provider may obtain1 instead of the amount determined under clause 7i77,i71 three times such amount4 7#f7 ,certification regarding market dominance and content moderation policies and practices 7,a7 ,in general ,not later than #abj days after the date of the enactment of this paragraph1 the ,federal ,trade ,commission and the ,attorney ,general shall promulgate regulations to establish a process under which a provider of an interactive computer service with net assets or annual net revenue exceeding #ejj1jjj1jjj may apply for a review and certification by the ,federal ,trade ,commission1 acting with the concurrence of the ,attorney ,general-- 7i7 that such provider is not dominant in its market2 or 7ii7 if such provider is determined to be dominant in its market under clause 7i71 that the policies and practices of such dominant provider relating to content moderation1 as applied to information content providers using the interactive computer service or interactive computer services of such dominant provider1 are reasonably consistent with the ,first ,amendment to the ,constitution4 7,b7 ,effect of certification ,a certification under subparagraph 7,a7 may1 in the discretion of the trial court1 be admissible in any civil action or criminal prosecution in which it is asserted that paragraph 7#d7 applies to the provider to which such certification relates1 or in any civil action brought under paragraph 7#e7 against such provider1 but such certification shall not be determinative on the issues described in clauses 7i7 and 7ii7 of such subparagraph4 4 7b7 ,definitions ,section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77 is amended by adding at the end the following3 7#e7 ,dominant in its market ,the term dominant in its market means1 with respect to a provider of an interactive computer service1 that such provider has gained substantial1 sustained market power over any competitors4 ,actual monopoly control over a market is not required to satisfy the preceding sentence4 7#f7 ,reasonably consistent with the ,first ,amendment to the ,constitution ,the term reasonably consistent with the ,first ,amendment to the ,constitution means1 with respect to the policies and practices of a provider of an interactive computer service relating to content moderation1 that such provider conforms such policies and practices to established law under the ,first ,amendment to the ,constitution applicable to state actors1 regardless of whether or not such provider is a state actor1 to the extent feasible taking into consideration the developing capabilities and complexities of technology and the unique characteristics of online communication platforms4 7#g7 ,minor ,the term minor means an individual who is under #ah years of age4 7#h7 ,harmful to minors ,the term harmful to minors means1 with respect to content1 that such content contains a description or representation of nudity1 sexual conduct1 sexual excitement1 or sadomasochistic abuse that-- 7,a7 predominantly appeals to the prurient1 shameful1 or morbid interest of minors2 7,b7 is patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors2 and 7,c7 is utterly without redeeming social importance for minors4 7#i7 ,adult ,the term adult means an individual who is #ah years of age or older4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to conduct by a provider of an interactive computer service 7as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 that occurs after the date of the enactment of this ,act4