,i #aagth ,,congress #ast ,session ,h4 ,r4 #bjjj ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjba,mr4 ,banks 7for himself1 ,mr4 ,tiffany1 ,mr4 ,reschenthaler1 ,mr4 ,barr1 ,mr4 ,norman1 ,mr4 ,weber of ,texas1 ,mr4 ,bishop of ,north ,carolina1 ,mr4 ,babin1 and ,mr4 ,gibbs7 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 clarify that such section does not prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,shielding ,culpable ,platforms ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 as added by the ,communications ,decency ,act of #aiif 7,public ,law #ajd-ajd2 #aaj ,stat4 #acc71 was enacted to ensure that third parties would not be held liable as the publisher of another entity's speech1 not to allow online platforms to knowingly distribute unlawful materials4 7#b7 ,since enacted1 section #bcj has been misinterpreted to apply distributor immunity as well as publisher immunity to online platforms4 ,as recently explained by ,associate ,justice ,clarence ,thomas in a statement respecting the denial of certiorari in ,malwarebytes1 ,inc4 v4 ,enigma ,software ,group ,,usa1 ,,llc1 ,no4 #ai-abhd 7,october #ac1 #bjbj71 ,although the text of #bcj7;c77#a7 grants immunity only from publisher or speaker liability1 the first appellate court to consider the statute held that it eliminates distributor liability too--that is1 #bcj confers immunity even when a company distributes content that it knows is illegal44 7#c7 ,this assertion contradicts a plain reading of the ,communications ,decency ,act of #aiif1 which includes distributor liability for exposing children to obscene material4 ,this ill-conceived precedent1 first established in ,zeran v4 ,america ,online1 ,inc41 #abi ,f4#c;d #cbg 7#dth ,cir4 #aiig71 has resulted in online platforms having little to no responsibility to act as a good ,samaritan1 even when moderating illicit material4 7#d7 ,it has recently been reported by the ,new ,york ,times that ,pornhub executives believe that section #bcj protects them from liability for their platform allegedly hosting videos of rape1 child abuse1 and other criminal activity4 7#e7 ,as reported in the ,new ,york ,post1 a recent lawsuit has alleged that ,twitter left up a child pornography video despite being notified by the victim1 and only took it down after ,federal officials intervened4 7#f7 ,every ,american is entitled to equal justice under the law4 7b7 ,sense of ,congress ,it is the sense of ,congress that section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 does not provide distributor immunity and does not protect big tech companies when such companies knowingly peddle unlawful material4 #c4 ,clarification of distributor liability ,section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a77 is amended-- 7#a7 by striking ,no and inserting the following3 7,a7 ,in general ,no 2 and 7#b7 by adding at the end the following3 7,b7 ,no effect on treatment as distributor ,nothing in subparagraph 7,a7 shall be construed to prevent a provider or user of an interactive computer service from being treated as the distributor of information provided by another information content provider4 4