OLL18186 S.L.C. AMENDMENT NO.llll Calendar No.lll Purpose: To clarify that efforts of a provider or user of an interactive computer service to identify, restrict access to, or remove objectionable material shall not be considered in determining the criminal or civil liability of the provider or user for other material. IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess. H. R. 1865 To amend the Communications Act of 1934 to clarify that section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by lllllll Viz: 1 At the appropriate place, insert the following: 2 SEC. lll. EFFECT ON LIABILITY OF EFFORTS TO IDEN- 3 TIFY, RESTRICT ACCESS TO, OR REMOVE OB- 4 JECTIONABLE MATERIAL. 5 (a) IN GENERAL.—Section 230(c) of the Communica- 6 tions Act of 1934 (47 U.S.C. 230(c)) is amended by add7 ing at the end the following: OLL18186 S.L.C. 2 1 ‘‘(3) EFFECT OF EFFORTS TO IDENTIFY, RE- 2 STRICT ACCESS TO, OR REMOVE OBJECTIONABLE 3 MATERIAL.— 4 ‘‘(A) EFFECT ON CRIMINAL AND CIVIL LI- 5 ABILITY GENERALLY.—The 6 or user of an interactive computer service has 7 undertaken any efforts (including monitoring 8 and filtering) to identify, restrict access to, or 9 remove material the provider or user considers 10 objectionable shall not be considered in deter- 11 mining the criminal or civil liability of the pro- 12 vider or user for any material that the provider 13 or user has not removed or restricted access to. 14 ‘‘(B) EFFECT fact that a provider ON PROTECTIONS.—The pro- 15 tections under paragraphs (1) and (2) are not 16 limited by or contingent upon an interactive 17 computer service provider’s— 18 ‘‘(i) moderation of content; or 19 ‘‘(ii) use of particular content modera- 20 21 tion practices.’’. (b) EFFECTIVE DATE.—The amendment made by 22 subsection (a) shall— 23 24 (1) take effect on the date of enactment of this Act; and OLL18186 S.L.C. 3 1 (2) apply regardless of whether the conduct al- 2 leged occurred, or is alleged to have occurred, before, 3 on, or after such date of enactment.