,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gfac ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbb,mrs4 ,greene of ,georgia introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to repeal section #bcj of the ,communications ,act of #aicd and ensure reasonable1 non-discriminatory access to online communications platforms4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,foundation for the ,right to ,express and ,engage in ,speech ,act or the #bast ,century ,,free ,speech ,act4 #b4 ,reasonable1 non-discriminatory access to online communications platforms2 blocking and screening of offensive material 7a7 ,in general ,part ,i of title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja et seq47 is amended-- 7#a7 by striking section #bcj2 and 7#b7 by adding at the end the following3 #bcb4 ,reasonable1 non-discriminatory access to online communications platforms2 blocking and screening of offensive material 7a7 ,findings ,congress finds the following3 7#a7 ,the rapidly developing array of internet and other interactive computer services available to individual ,americans represent an extraordinary advance in the availability of educational and informational resources to our citizens4 7#b7 ,these services often offer users a great degree of control over the information that they receive1 as well as the potential for even greater control in the future as technology continues to develop4 7#c7 ,the internet and other interactive computer services offer a forum for a true diversity of political discourse and viewpoints1 unique opportunities for cultural development1 and myriad avenues for intellectual activity1 and regulation of the internet must be tailored to supporting those activities4 7#d7 ,the internet and other interactive computer services have flourished1 to the benefit of all ,americans1 with a minimum of government regulation1 and regulation should be limited to what is necessary to preserve the societal benefits provided by the internet4 7#e7 ,increasingly ,americans rely on internet platforms and websites for a variety of political1 educational1 cultural1 and entertainment services and for communication with one another4 7b7 ,policy ,it is the policy of the ,united ,states-- 7#a7 to promote the continued development of the internet and other interactive computer services and other interactive media2 7#b7 to preserve a vibrant and competitive free market for the internet and other interactive computer services2 7#c7 to encourage the development of technologies which maximize user control over what information is received by individuals1 families1 and schools who use the internet and other interactive computer services1 rather than control and censorship driven by interactive computer services2 7#d7 to facilitate the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material2 7#e7 7,a7 to ensure that the internet serves as an open forum for-- 7i7 a true diversity of discourse and viewpoints1 including political discourse and viewpoints2 7ii7 unique opportunities for cultural development2 and 7iii7 myriad avenues for intellectual activity2 and 7,b7 given that the internet is the dominant platform for communication and public debate today1 to ensure that major internet communications platforms1 which function as common carriers in terms of their size1 usage1 and necessity1 are available to all users on reasonable and non-discriminatory terms free from public or private censorship of religious and political speech2 7#f7 to promote consumer protection and transparency regarding information and content management practices by major internet platforms to-- 7,a7 ensure that consumers understand-- 7i7 the products they are using2 and 7ii7 what information is being presented to them and why2 and 7,b7 prevent deceptive or undetectable actions that filter the information presented to consumers2 and 7#g7 to ensure vigorous enforcement of ,federal criminal laws to deter and punish trafficking in online obscenity1 stalking1 and harassment4 7c7 ,reasonable and nondiscriminatory access to common carrier technology companies 7#a7 ,in general ,a common carrier technology company1 with respect to the interactive computer service provided by the company-- 7,a7 shall furnish the interactive computer service to all persons upon reasonable request2 7,b7 may not unjustly or unreasonably discriminate in charges1 practices1 classifications1 regulations1 facilities1 treatment1 or services for or in connection with the furnishing of the interactive computer service1 directly or indirectly1 by any means or device2 7,c7 may not make or give any undue or unreasonable preference or advantage to any particular person1 class of persons1 political or religious group or affiliation1 or locality2 and 7,d7 may not subject any particular person1 class of persons1 political or religious group or affiliation1 or locality to any undue or unreasonable prejudice or disadvantage4 7#b7 ,applicability to broadband ,paragraph 7#a7 shall not apply with respect to the provision of broadband internet access service4 7d7 ,consumer protection and transparency regarding common carrier technology companies 7#a7 ,in general ,a common carrier technology company shall disclose1 through a publicly available1 easily accessible website1 accurate material regarding the content management1 moderation1 promotion1 account termination and suspension1 and curation mechanisms and practices of the company sufficient to enable-- 7,a7 consumers to make informed choices regarding use of the interactive computer service provided by the company2 and 7,b7 persons to develop1 market1 and maintain consumer-driven content management mechanisms with respect to the interactive computer service provided by the company4 7#b7 ,best practices ,the ,commission1 after soliciting comments from the public1 shall publish best practices for common carrier technology companies to disclose content management1 moderation1 promotion1 account termination and suspension1 and curation mechanisms and practices in accordance with paragraph 7#a74 7#c7 ,applicability to broadband ,paragraph 7#a7 shall not apply with respect to the provision of broadband internet access service4 7e7 ,protection for ,good ,samaritan blocking and screening of offensive material 7#a7 ,treatment of publisher or speaker 7,a7 ,in general ,no provider or user of an interactive computer service shall be treated as the publisher or speaker of any material provided by another information content provider4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any affirmative act by a provider or user of an interactive computer service with respect to material posted on the interactive computer service1 whether the act is carried out manually or through use of an algorithm or other automated or semi-automated process1 including-- 7i7 providing its own material2 7ii7 commenting or editorializing on1 promoting1 recommending1 or increasing or decreasing the dissemination or visibility to users of its own material or material provided by another information content provider2 7iii7 restricting access to or availability of material provided by another information content provider2 or 7iv7 barring or limiting any information content provider from using the interactive computer service4 7#b7 ,civil liability 7,a7 ,in general ,no provider or user of an interactive computer service shall be held liable1 under subsection 7c7 or otherwise1 on account of-- 7i7 any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene1 lewd1 lascivious1 filthy1 excessively violent1 harassing1 promoting self-harm1 or unlawful1 whether or not such material is constitutionally protected2 or 7ii7 any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in clause 7i74 7,b7 ,definitions ,for purposes of subparagraph 7,a7-- 7i7 the term excessively violent1 with respect to material1 means material that-- 7,i7 is likely to be deemed violent and for mature audiences according to the ,v-chip regulations and ,,tv ,parental ,guidelines of the ,commission promulgated under sections #cjc7x7 and #ccj7;c77#d72 or 7,,ii7 constitutes or intends to advocate domestic terrorism or international terrorism1 as defined in section #bcca of title #ah1 ,united ,states ,code2 7ii7 the term harassing means material that-- 7,i7 is-- 7aa7 provided by an information content provider with the intent to abuse1 threaten1 or harass any specific person2 and 7bb7 lacking in any serious literary1 artistic1 political1 or scientific value2 7,,ii7 violates the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggja et seq472 or 7,,iii7 is malicious computer code intended 7whether or not by the immediate disseminator7 to damage or interfere with the operation of a computer2 7iii7 the term in good faith1 with respect to restricting access to or availability of specific material1 means the provider or user-- 7,i7 restricts access to or availability of material consistent with publicly available online terms of service or use that-- 7aa7 state plainly and with particularity the criteria that the provider or user of the interactive computer service employs in its content moderation practices1 including by any partially or fully automated processes2 and 7bb7 are in effect on the date on which the material is first posted2 7,,ii7 has an objectively reasonable belief that the material falls within one of the categories listed in subparagraph 7,a77i72 7,,iii7 7aa7 does not restrict access to or availability of material on deceptive or pretextual grounds2 and 7bb7 does not apply its terms of service or use to restrict access to or availability of material that is similarly situated to material that the provider or user of the interactive computer service intentionally declines to restrict2 and 7,,iv7 supplies the information content provider of the material with timely notice describing with particularity the reasonable factual basis for the restriction of access and a meaningful opportunity to respond1 unless the provider or user of the interactive computer service has an objectively reasonable belief that-- 7aa7 the material is related to terrorism or criminal activity2 or 7bb7 such notice would risk imminent physical harm to others2 and 7iv7 the terms obscene1 lewd1 lascivious1 and filthy1 with respect to material1 mean material that-- 7,i7 taken as a whole-- 7aa7 appeals to the prurient interest in sex or portrays sexual conduct in a patently offensive way2 and 7bb7 does not have serious literary1 artistic1 political1 or scientific value2 7,,ii7 depicts or describes sexual or excretory organs or activities in terms patently offensive to the average person1 applying contemporary community standards2 or 7,,iii7 signifies the form of immorality which has relation to sexual impurity1 taking into account the standards at common law in prosecutions for obscene libel4 7,c7 ,best practices ,the ,commission1 after soliciting comments from the public1 shall publish best practices for making publicly available online terms of service or use that state plainly and with particularity the criteria that the provider or user of an interactive computer service employs in its content moderation practices1 including by any partially or fully automated processes1 in accordance with subparagraph 7,b77iii77,i74 7f7 ,violations 7#a7 ,private right of action 7,a7 ,in general ,a person aggrieved by a violation of subsection 7c7 or 7d7 may bring a civil action against the provider or user of an interactive computer service that committed the violation for any relief permitted under subparagraph 7,b7 of this paragraph4 7,b7 ,relief 7i7 ,in general ,the plaintiff may seek the following relief in a civil action brought under subparagraph 7,a73 7,i7 ,an injunction4 7,,ii7 ,an award that is the greater of-- 7aa7 actual damages2 or 7bb7 damages in the amount of #ejj for each violation4 7ii7 ,willful or knowing violations ,in a civil action brought under subparagraph 7,a71 if the court finds that the defendant willfully or knowingly violated subsection 7c7 or 7d71 the court may1 in its discretion1 increase the amount of the award to not more than #c times the amount available under clause 7i77,,ii7 of this subparagraph4 7#b7 ,actions by ,states 7,a7 ,authority of ,states 7i7 ,in general ,whenever the attorney general of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has engaged or is engaging in a pattern or practice of violating subsection 7c7 or 7d7 that has threatened or adversely affected or is threatening or adversely affecting an interest of the residents of that ,state1 the ,state may bring a civil action against the person on behalf of the residents of the ,state for any relief permitted under clause 7ii7 of this subparagraph4 7ii7 ,relief 7,i7 ,in general ,the plaintiff may seek the following relief in a civil action brought under clause 7i73 7aa7 ,an injunction4 7bb7 ,an award that is the greater of-- 7,,aa7 actual damages2 or 7,,bb7 damages in the amount of #ejj for each violation4 7,,ii7 ,willful or knowing violations ,in a civil action brought under clause 7i71 if the court finds that the defendant willfully or knowingly violated subsection 7c7 or 7d71 the court may1 in its discretion1 increase the amount of the award to not more than #c times the amount available under subclause 7,i77bb7 of this clause4 7,b7 ,investigatory powers ,for purposes of bringing a civil action under this paragraph1 nothing in this section shall prevent the attorney general of a ,state1 or an official or agency designated by a ,state1 from exercising the powers conferred on the attorney general or the official by the laws of the ,state to-- 7i7 conduct investigations2 7ii7 administer oaths or affirmations2 or 7iii7 compel the attendance of witnesses or the production of documentary and other evidence4 7,c7 ,effect on ,state court proceedings ,nothing in this paragraph shall be construed to prohibit an authorized ,state official from proceeding in ,state court on the basis of an alleged violation of any general civil or criminal statute of the ,state4 7,d7 ,attorney general defined ,for purposes of this paragraph1 the term attorney general means the chief legal officer of a ,state4 7#c7 ,venue2 service of process 7,a7 ,venue ,a civil action brought under this subsection may be brought in the location where-- 7i7 the defendant-- 7,i7 is found2 7,,ii7 is an inhabitant2 or 7,,iii7 transacts business2 or 7ii7 the violation occurred or is occurring4 7,b7 ,service of process ,process in a civil action brought under this subsection may be served where the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7g7 ,obligations of interactive computer service ,a provider of an interactive computer service shall1 at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider1 notify the customer that parental control protections 7such as computer hardware1 software1 or filtering services7 are commercially available that may assist the customer in limiting access to material that is harmful to minors4 ,the notice shall identify1 or provide the customer with access to material identifying1 current providers of such protections4 7h7 ,effect on other laws 7#a7 ,no effect on criminal law ,nothing in this section shall be construed to impair the enforcement of section #bbc or #bca of this ,act1 chapter #ga 7relating to obscenity7 or #aaj 7relating to sexual exploitation of children7 of title #ah1 ,united ,states ,code1 or any other ,federal criminal statute4 7#b7 ,no effect on intellectual property law ,nothing in this section shall be construed to limit or expand any law pertaining to intellectual property4 7#c7 ,state law ,nothing in this section shall be construed to prevent any ,state from enforcing any ,state law that is consistent with this section4 ,no cause of action may be brought and no liability may be imposed under any ,state or local law that is inconsistent with this section4 7#d7 ,no effect on communications privacy law ,nothing in this section shall be construed to limit the application of the ,electronic ,communications ,privacy ,act of #aihf or any of the amendments made by such ,act1 or any similar ,state law4 7#e7 ,no effect on sex trafficking law ,nothing in this section 7other than subsection 7e77#b77;,a77i77 shall be construed to impair or limit-- 7,a7 any claim in a civil action brought under section #aeie of title #ah1 ,united ,states ,code1 if the conduct underlying the claim constitutes a violation of section #aeia of that title2 7,b7 any charge in a criminal prosecution brought under ,state law if the conduct underlying the charge would constitute a violation of section #aeia of title #ah1 ,united ,states ,code2 or 7,c7 any charge in a criminal prosecution brought under ,state law if the conduct underlying the charge would constitute a violation of section #bdba;,a of title #ah1 ,united ,states ,code1 and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted4 7i7 ,definitions ,as used in this section3 7#a7 ,access software provider ,the term access software provider means a provider of software 7including client or server software71 or enabling tools that do any one or more of the following3 7,a7 ,filter1 screen1 allow1 or disallow material4 7,b7 ,pick1 choose1 analyze1 or digest material4 7,c7 ,transmit1 receive1 display1 forward1 cache1 search1 subset1 organize1 reorganize1 or translate material4 7#b7 ,broadband internet access service ,the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7#c7 ,common carrier technology company ,the term common carrier technology company means a provider of an interactive computer service that-- 7,a7 offers its services to the public2 and 7,b7 has more than #ajj1jjj1jjj worldwide active monthly users4 7#d7 ,information content provider 7,a7 ,in general ,the term information content provider means any person or entity that is responsible1 in whole or in part1 for the creation or development of material provided through the internet or any other interactive computer service4 7,b7 ,responsibility defined ,for purposes of subparagraph 7,a71 the term responsible1 in whole or in part1 for the creation or development of material includes affirmatively and substantively contributing to1 modifying1 altering1 presenting with a reasonably discernible viewpoint1 commenting upon1 or editorializing about material provided by another person or entity4 7#e7 ,interactive computer service ,the term interactive computer service means any information service1 system1 or access software provider that provides or enables computer access by multiple users to a computer server1 including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions4 7#f7 ,internet ,the term internet means the international computer network of both ,federal and non-,federal interoperable packet switched data networks4 7#g7 ,material ,the term material means any data1 regardless of physical form or characteristic1 including-- 7,a7 written or printed matter1 information1 automated information systems storage media1 maps1 charts1 paintings1 drawings1 films1 photographs1 images1 videos1 engravings1 sketches1 working notes1 or papers1 or reproductions of any such things by any means or process2 and 7,b7 sound1 voice1 magnetic1 or electronic recordings4 4 7b7 ,conforming amendments 7#a7 ,communications ,act of #aicd ,the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended-- 7,a7 in section #bbc7;h77#b7 7#dg ,u4,s4,c4 #bbc7;h77#b771 by striking section #bcj7;f77#b7 and inserting section #bcb2 and 7,b7 in section #bca7;b77#d7 7#dg ,u4,s4,c4 #bca7;b77#d771 by striking section #bcj and inserting section #bcb4 7#b7 ,trademark ,act of #aidf ,section #de of the ,act entitled ,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes1 approved ,july #e1 #aidf 7commonly known as the ,trademark ,act of #aidf7 7#ae ,u4,s4,c4 #aabg71 is amended by striking the definition relating to the term ,internet and inserting the following3 ,the term internet has the meaning given that term in section #bcb of the ,communications ,act of #aicd4 4 7#c7 ,title #ag1 ,united ,states ,code ,section #adja7;g7 of title #ag1 ,united ,states ,code1 is amended-- 7,a7 by striking section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 and inserting section #bcb of the ,communications ,act of #aicd2 and 7,b7 by striking subsection 7e77#b7 of such section #bcj and inserting subsection 7h77#b7 of such section #bcb4 7#d7 ,title #ah1 ,united ,states ,code ,part ,i of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #bbeg7;h77#b77;,b77v71 by striking section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 and inserting section #bcb7;e7 of the ,communications ,act of #aicd2 and 7,b7 in section #bdba;,a-- 7i7 in subsection 7a71 by striking 7as such term is defined in defined in section #bcj7;f7 the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 and inserting 7as that term is defined in section #bcb of the ,communications ,act of #aicd72 and 7ii7 in subsection 7b71 by striking 7as such term is defined in defined in section #bcj7;f7 the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 and inserting 7as that term is defined in section #bcb of the ,communications ,act of #aicd74 7#e7 ,controlled ,substances ,act ,section #dja7;h77#c77;,a77iii77,,ii7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;h77#c77;,a77iii77,,ii77 is amended by striking section #bcj7;c7 of the ,communications ,act of #aicd and inserting section #bcb7;e7 of the ,communications ,act of #aicd4 7#f7 ,webb-,kenyon ,act ,section #c7;b77#a7 of the ,act entitled ,an ,act divesting intoxicating liquors of their interstate character in certain cases1 approved ,march #a1 #aiac 7commonly known as the ,webb-,kenyon ,act7 7#bg ,u4,s4,c4 #abb;b7b77#a771 is amended by striking 7as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77 and inserting 7as defined in section #bcb of the ,communications ,act of #aicd74 7#g7 ,title #bh1 ,united ,states ,code ,section #dajb of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7c7-- 7i7 by striking section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 and inserting section #bcb of the ,communications ,act of #aicd2 and 7ii7 by striking section #bcj if and inserting that section if2 and 7,b7 in subsection 7e77#b71 by striking section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 and inserting section #bcb of the ,communications ,act of #aicd4 7#h7 ,title #ca1 ,united ,states ,code ,section #ecfb7f7 of title #ca1 ,united ,states ,code1 is amended by striking section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77 and inserting section #bcb of the ,communications ,act of #aicd4 7#i7 ,national ,telecommunications and ,information ,administration ,organization ,act ,section #aeg7;e77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ida7;e77#a77 is amended1 in the matter preceding subparagraph 7,a71 by striking section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 and inserting section #bcb7;e7 of the ,communications ,act of #aicd4 7c7 ,applicability ,subsections 7c7 and 7d7 of section #bcb of the ,communications ,act of #aicd1 as added by subsection 7a71 shall apply to a common carrier technology company on and after the date that is #ij days after the date of enactment of this ,act4