,,ii #aahth ,,congress #ast ,session ,s4 #iba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjbc,mr4 ,rubio 7for himself and ,mr4 ,braun7 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 correct shortcomings in how that section addresses content moderation1 content creation and development1 and content distribution4 #a4 ,short title ,this ,act may be cited as the ,disincentivizing ,internet ,service ,censorship of ,online ,users and ,restrictions on ,speech and ,expression ,act or the ,,discourse ,act4 #b4 ,content moderation1 creation and development1 and distribution 7a7 ,treatment as publisher or speaker contingent on content management practices ,section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking ,no provider and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 no provider 2 and 7,b7 by adding at the end the following3 7,b7 ,notification of parental control protections ,subparagraph 7,a7 shall not apply to a provider of an interactive computer service with a dominant market share that violates subsection 7d74 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#c7-- 7i7 by striking ,the term and inserting the following3 7,a7 ,in general ,the term 2 and 7ii7 by adding at the end the following3 7,b7 ,content moderation ,if an interactive computer service provider with a dominant market share-- 7i7 engages in a content moderation activity that reasonably appears to express1 promote1 or suppress a discernible viewpoint for a reason that is not protected from liability under subsection 7c77#b71 including reducing or eliminating the ability of an information content provider to earn revenue1 with respect to any information1 the interactive computer service provider shall be deemed to be an information content provider with respect to that information2 or 7ii7 engages in a pattern or practice of content moderation activity that reasonably appears to express1 promote1 or suppress a discernible viewpoint for a reason that is not protected from liability under subsection 7c77#b71 including reducing or eliminating the ability of an information content provider to earn revenue1 the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service4 7,c7 ,use of targeted algorithmic amplification 7i7 ,in general ,if an interactive computer service provider with a dominant market share-- 7,i7 amplifies information provided by an information content provider by using an algorithm or other automated computer process to target the information directly to users without the request of the sending or receiving user1 the interactive computer service provider shall be deemed to be an information content provider with respect to that information2 or 7,,ii7 engages in a pattern or practice of amplifying information provided by an information content provider by using an algorithm or other automated computer process to target the information directly to users without the request of the sending or receiving user1 the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service4 7ii7 ,exceptions ,clause 7i7 shall not apply to the use of an algorithm or other computer process to-- 7,i7 amplify or target directly to a user any information that is the result of a search function performed by the user2 or 7,,ii7 sort data chronologically or alphabetically4 7,d7 ,information creation or development ,if an interactive computer service provider with a dominant market share-- 7i7 solicits1 comments upon1 funds1 or affirmatively and substantively contributes to1 modifies1 or alters information provided by an information content provider1 the interactive computer service provider shall be deemed to be an information content provider with respect to that information2 or 7ii7 engages in a pattern or practice of soliciting1 commenting upon1 funding1 or affirmatively and substantively contributing to1 modifying1 or altering information provided by an information content provider1 the interactive computer service provider shall be deemed to be an information content provider with respect to all information that is provided through the interactive computer service4 2 and 7,b7 by adding at the end the following3 7#e7 ,content moderation activity ,the term content moderation activity means editing1 deleting1 throttling1 limiting the reach of1 reducing or eliminating the ability of an information content provider to earn revenue from1 or commenting upon1 information provided by an information content provider1 or terminating or limiting an account or usership1 if the activity is based on content-based criteria4 7#f7 ,pattern or practice ,the term pattern or practice means any formal or informal policy or rule1 whether created by a human or generated by a computer1 as applied or used by an interactive computer service provider4 4 7b7 ,clarifying categories of objectionable material ,section #bcj7;c77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking considers to be and inserting has an objectively reasonable belief is2 7,b7 by inserting promoting terrorism or violent extremism1 after violent12 and 7,c7 by striking or otherwise objectionable and inserting promoting self-harm1 or unlawful2 and 7#b7 in subparagraph 7,b71 by striking paragraph 7#a7 and inserting subparagraph 7,a74 7c7 ,religious liberty exception to civil liability protections ,section #bcj7;c77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#b771 as amended by subsection 7b71 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and adjusting the margins accordingly2 7#b7 by striking ,no provider and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 no provider 2 7#c7 in subparagraph 7,a77ii71 as so designated1 by striking subparagraph 7,a7 and inserting clause 7i72 and 7#d7 by adding at the end the following3 7,b7 ,religious liberty exception ,subparagraph 7,a7 shall not apply to any action taken with respect to religious material in a manner that burdens the exercise of religion1 as defined in section #e of the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb -#b74 4 7d7 ,disclosure of content management mechanisms and practices ,section #bcj7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;d77 is amended-- 7#a7 by striking ,a provider and inserting the following3 7#a7 ,parental control protections ,a provider 2 and 7#b7 by adding at the end the following3 7#b7 ,disclosure of content management mechanisms and practices 7,a7 ,in general ,a provider of an interactive computer service that provides the service through a mass-market offering to the public shall publicly disclose accurate information regarding the content moderation activity of the service1 including editing1 deleting1 throttling1 limiting the reach of1 reducing or eliminating the ability of an information content provider to earn revenue from1 or commenting upon1 information provided by an information content provider1 terminating or limiting an account or usership1 and any other content moderation1 promotion1 and other curation practices1 sufficient to enable-- 7i7 consumers to make informed choices regarding the purchase and use of the service2 and 7ii7 entrepreneurs and other small businesses to develop1 market1 and maintain offerings by means of the service4 7,b7 ,manner of disclosure ,a provider of an interactive computer service shall make the disclosure under subparagraph 7,a7-- 7i7 through a publicly available1 easily accessible website2 or 7ii7 by submitting the information described in that subparagraph to the ,commission1 which shall make the information available to the public through the website of the ,commission4 4 7e7 ,clarifying that immunity is an affirmative defense ,section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a771 as amended by subsection 7a77#a71 is amended-- 7#a7 in subparagraph 7,a71 as so designated1 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 and 7#b7 by adding at the end the following3 7,c7 ,affirmative defense ,in a criminal or civil action against a provider or user of an interactive computer service that treats the provider or user as the publisher or speaker of any information1 the provider or user shall bear the burden of proving that the provider or user is not an information content provider with respect to that information for purposes of subparagraph 7,a74 4