,,ii #aafth ,,congress #b;d ,session ,s4 #djfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbj,mrs4 ,loeffler introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend section #bcj of the ,communications ,act of #aicd to require that providers and users of an interactive computer service meet certain standards to qualify for liability protections4 #a4 ,short title ,this ,act may be cited as the ,stopping ,big ,tech's ,censorship ,act4 #b4 ,scope of liability ,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 ,no provider 2 7ii7 in subparagraph 7,a71 as so designated1 by inserting after interactive computer service the following3 that takes reasonable steps to prevent or address the unlawful use of the interactive computer service or unlawful publication of information on the interactive computer service2 and 7iii7 by adding at the end the following3 7,b7 ,definition ,for purposes of this paragraph1 the term unlawful use of the interactive computer service or unlawful publication of information on the interactive computer service includes cyberstalking1 sex trafficking1 trafficking in illegal products or activities1 child sexual exploitation1 and any other activity relating to the use of1 or publication of information on1 an interactive computer service that is otherwise proscribed by ,federal law4 2 7,b7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7ii7 in the matter preceding clause 7i71 as so redesignated1 by striking ,no provider and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 no provider 2 and 7iii7 by adding at the end the following3 7,b7 ,first ,amendment requirements 7i7 ,in general ,subject to clause 7ii71 a provider or user of an interactive computer service that takes action under clause 7i7 of subparagraph 7,a7 to restrict access to or availability of constitutionally protected material shall not be eligible for the protection under that subparagraph unless-- 7,i7 the action is taken in a viewpoint-neutral manner2 7,,ii7 the restriction limits only the time1 place1 or manner in which the material is available2 and 7,,iii7 there is a compelling reason for restricting that access or availability4 7ii7 ,no punitive damages ,a court that holds a provider or user of an information computer service liable on account of action taken to restrict access to or availability of material as described in subparagraph 7,a77i7 because the provider or user did not meet the requirements under clause 7i7 of this subparagraph may not award punitive damages against the provider or user for taking that action4 2 and 7,c7 by adding at the end the following3 7#c7 ,notice requirements ,to be eligible for protection under this subsection-- 7,a7 a provider of an interactive computer service shall1 in any terms of service or user agreement produced by the provider1 clearly explain the practices and procedures used by the provider in restricting access to or availability of any material2 and 7,b7 a provider or user of an interactive computer service that decides to restrict access to or availability of any material shall provide a clear explanation of that decision to the information content provider that created or developed the material4 7#d7 ,burden of proof ,in any action or proceeding in which a party asserts paragraph 7#a7 or 7#b7 as a defense to liability1 the party alleging liability shall bear the burden of demonstrating that the other party is not entitled to immunity under that paragraph4 2 7#b7 in subsection 7e71 by adding at the end the following3 7#f7 ,no effect on ,federal civil liability ,nothing in this section shall be construed to impair or limit any civil enforcement action brought by a ,federal agency1 office1 or other establishment arising from any violation of a ,federal statute or regulation4 2 and 7#c7 in subsection 7f71 by adding at the end the following3 7#e7 ,constitutionally protected material ,the term constitutionally protected material means any material protected by a right under the ,constitution of the ,united ,states1 regardless of whether the right is otherwise enforceable against a nongovernmental entity4 4