What This Bill Does
This bill limits legal protections for internet companies and their users under Section 230 of the Communications Act. The bill creates exceptions to these legal protections when companies host illegal content, facilitate contact between adults and minors involving sexual material, or distribute content harmful to children.
Who It Affects
Interactive computer service providers (companies that host user content online), users of interactive computer services, information content providers (people or companies that create online content), the Federal Trade Commission, the Attorney General, and minors.
Key Provisions
- Companies lose legal protection if they create, develop, post, or materially contribute to illegal online content during a one-year period starting when the conduct begins (or ends if the conduct lasts more than one day). (Sec. 2(a))
- Companies lose legal protection if they knowingly permit or facilitate an adult having contact with someone the adult knows or believes is a minor, where that contact involves sexual descriptions or narrative accounts intended to arouse sexual desire. (Sec. 2(a))
- Companies lose legal protection if they distribute content that is indecent, obscene, or harmful to minors without using technology to screen minors from accessing it, to the extent feasible. (Sec. 2(a))
- Large dominant companies lose legal protection if their content moderation decisions are not reasonably consistent with the First Amendment to the Constitution (meaning they should follow free speech principles that apply to government). (Sec. 2(a))
- People and companies whose content is banned, blocked, or downranked by dominant companies can sue those companies in state or federal court if the companies violated First Amendment standards. (Sec. 2(a))
What Changes
If this becomes law, internet companies will no longer automatically have immunity (legal protection from lawsuits) in several new situations. Companies can be sued by content creators if dominant companies remove or reduce their content based on content moderation policies that violate First Amendment standards. Lawsuits can result in monetary damages up to $500,000 per incident, punitive damages, or triple damages in cases of willful violations. The Federal Trade Commission and Attorney General must create a certification process allowing large companies to prove they are not market dominant or that their content policies follow First Amendment standards.
Important Definitions
"Dominant in its market" means a company has gained substantial, sustained market power over competitors. A true monopoly is not required. (Sec. 2(b))
"Reasonably consistent with the First Amendment to the Constitution" means content moderation policies follow First Amendment free speech standards that apply to government, to the extent technology allows. (Sec. 2(b))
"Minor" means a person under 18 years old. (Sec. 2(b))
"Harmful to minors" means content with descriptions or images of nudity or sexual conduct that mainly appeals to shameful or morbid interests of minors, offends community standards about what is suitable for minors, and has no social value for minors. (Sec. 2(b))
"Adult" means a person 18 years old or older. (Sec. 2(b))
Effective Date
The changes apply to conduct by internet companies that occurs after the bill becomes law. (Sec. 2(c))
I
118TH CONGRESS
1ST SESSION
H. R. 573
To amend section 230 of the Communications Act of 1934 to limit the
immunity of providers and users of interactive computer services under
such section, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 2023
Mr. STEUBE introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend section 230 of the Communications Act of 1934
to limit the immunity of providers and users of inter-
active computer services under such section, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Curbing Abuse and
4
Saving Expression In Technology Act’’ or the ‘‘CASE–IT
5
Act’’.
6
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•HR 573 IH
SEC. 2. LIMITATION OF SECTION 230 IMMUNITY.
1
(a) IN GENERAL.—Section 230(c) of the Communica-
2
tions Act of 1934 (47 U.S.C. 230(c)) is amended by add-
3
ing at the end the following:
4
‘‘(3) EXCEPTIONS
RELATING
TO
ILLEGAL,
5
EXPLOITIVE, OR HARMFUL CONTENT.—
6
‘‘(A) IN GENERAL.—During a period de-
7
scribed in subparagraph (D), paragraph (1)
8
shall not apply to a provider or user of an inter-
9
active computer service that creates, develops,
10
posts, materially contributes to, or induces an-
11
other person to create, develop, post, or materi-
12
ally contribute to illegal online content.
13
‘‘(B) CERTAIN CONTACT BETWEEN ADULT
14
AND MINOR.—During a period described in sub-
15
paragraph (D), paragraph (1) shall not apply to
16
a provider of an interactive computer service
17
that knowingly permits or facilitates an adult
18
having contact through an interactive computer
19
service of such provider with an individual that
20
such adult knows or believes to be a minor, if
21
such contact involves any matter containing ex-
22
plicit verbal descriptions or narrative accounts
23
of sexually explicit nudity, sexual conduct, sex-
24
ual excitement, or sadomasochistic abuse that is
25
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•HR 573 IH
intended to arouse or satisfy the sexual desire
1
of either such adult or such minor.
2
‘‘(C) CONTENT
THAT
IS
INDECENT, OB-
3
SCENE,
OR
OTHERWISE
HARMFUL
TO
MI-
4
NORS.—During a period described in subpara-
5
graph (D), paragraph (1) shall not apply to a
6
provider or user of an interactive computer
7
service that permits or facilitates the distribu-
8
tion of content that—
9
‘‘(i) is indecent, obscene, or otherwise
10
harmful to minors; and
11
‘‘(ii) is made readily accessible to mi-
12
nors by the failure of such provider or user
13
to implement a system designed to effec-
14
tively screen users who are minors from
15
accessing such content, to the extent fea-
16
sible using technology available at the time
17
of such distribution.
18
‘‘(D) PERIOD
OF
LOSS
OF
IMMUNITY.—
19
For purposes of subparagraph (A), (B), or (C),
20
a period described in this subparagraph is—
21
‘‘(i) any 1-year period beginning on
22
the date on which the provider engages in
23
conduct described in such subparagraph;
24
or
25
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•HR 573 IH
‘‘(ii) in the case of such conduct that
1
continues for more than 1 day, any 1-year
2
period beginning on the date on which the
3
provider ceases such conduct.
4
‘‘(E)
RULE
OF
CONSTRUCTION.—This
5
paragraph shall be broadly construed to ad-
6
vance the purposes of this section for the de-
7
ployment of new technologies and policies to
8
block or filter offensive content such as inde-
9
cency, obscenity, pornography, or sexually ex-
10
plicit content so as to prevent any such content
11
from being readily accessible to minors.
12
‘‘(4) EXCEPTION FOR STIFLING FREE EXPRES-
13
SION.—
14
‘‘(A) IN GENERAL.—Paragraphs (1) and
15
(2)(A) shall not apply to a provider of an inter-
16
active computer service that is in the business
17
or practice of communicating user-generated
18
content during any period during which such
19
provider—
20
‘‘(i) is dominant in its market; and
21
‘‘(ii) makes content moderation deci-
22
sions pursuant to policies or practices that
23
are not reasonably consistent with the
24
First Amendment to the Constitution.
25
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•HR 573 IH
‘‘(B)
RULE
OF
CONSTRUCTION.—This
1
paragraph shall be broadly construed to ad-
2
vance the purposes of this section in encour-
3
aging the growth of the internet as a forum for
4
a true diversity of discourse, unique opportuni-
5
ties for cultural development, and myriad ave-
6
nues for intellectual activity, where lawful polit-
7
ical, religious, cultural, social, scientific, and
8
other online content can flourish without dis-
9
crimination based on viewpoint.
10
‘‘(5) PRIVATE RIGHT OF ACTION.—
11
‘‘(A) IN GENERAL.—If a provider of an
12
interactive computer service that is dominant in
13
its market bans, blocks, down-ranks, demone-
14
tizes in its advertising, or otherwise subjects to
15
similar adverse treatment the content of any in-
16
formation content provider that uses an inter-
17
active computer service of such dominant pro-
18
vider by reason of the failure of such dominant
19
provider to make content moderation decisions
20
pursuant to policies or practices that are rea-
21
sonably consistent with the First Amendment to
22
the Constitution, such information content pro-
23
vider may bring a civil action in an appropriate
24
State court or an appropriate district court of
25
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•HR 573 IH
the United States against such dominant pro-
1
vider to obtain the relief described in subpara-
2
graph (B).
3
‘‘(B) RELIEF.—
4
‘‘(i) IN
GENERAL.—An information
5
content provider that prevails in a civil ac-
6
tion under subparagraph (A) may obtain
7
the following relief:
8
‘‘(I) The greater of—
9
‘‘(aa)
compensatory
dam-
10
ages, including both personal and
11
business economic loss; or
12
‘‘(bb) liquidated damages in
13
the amount of $500,000 for each
14
incident of adverse treatment de-
15
scribed in subparagraph (A).
16
‘‘(II) Punitive damages, in the
17
case of a reckless failure of the pro-
18
vider of the interactive computer serv-
19
ice to make content moderation deci-
20
sions pursuant to policies or practices
21
that are reasonably consistent with
22
the First Amendment to the Constitu-
23
tion.
24
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•HR 573 IH
‘‘(ii) TREBLE DAMAGES.—In the case
1
of a willful or knowing failure of the pro-
2
vider of the interactive computer service to
3
make content moderation decisions pursu-
4
ant to policies or practices that are reason-
5
ably consistent with the First Amendment
6
to the Constitution, the information con-
7
tent provider may obtain, instead of the
8
amount determined under clause (i)(I),
9
three times such amount.
10
‘‘(6)
CERTIFICATION
REGARDING
MARKET
11
DOMINANCE AND CONTENT MODERATION POLICIES
12
AND PRACTICES.—
13
‘‘(A) IN
GENERAL.—Not later than 120
14
days after the date of the enactment of this
15
paragraph, the Federal Trade Commission and
16
the Attorney General shall promulgate regula-
17
tions to establish a process under which a pro-
18
vider of an interactive computer service with
19
net assets or annual net revenue exceeding
20
$500,000,000 may apply for a review and cer-
21
tification by the Federal Trade Commission,
22
acting with the concurrence of the Attorney
23
General—
24
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•HR 573 IH
‘‘(i) that such provider is not domi-
1
nant in its market; or
2
‘‘(ii) if such provider is determined to
3
be dominant in its market under clause (i),
4
that the policies and practices of such
5
dominant provider relating to content mod-
6
eration, as applied to information content
7
providers using the interactive computer
8
service or interactive computer services of
9
such dominant provider, are reasonably
10
consistent with the First Amendment to
11
the Constitution.
12
‘‘(B) EFFECT OF CERTIFICATION.—A cer-
13
tification under subparagraph (A) may, in the
14
discretion of the trial court, be admissible in
15
any civil action or criminal prosecution in which
16
it is asserted that paragraph (4) applies to the
17
provider to which such certification relates, or
18
in any civil action brought under paragraph (5)
19
against such provider, but such certification
20
shall not be determinative on the issues de-
21
scribed in clauses (i) and (ii) of such subpara-
22
graph.’’.
23
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•HR 573 IH
(b) DEFINITIONS.—Section 230(f) of the Commu-
1
nications Act of 1934 (47 U.S.C. 230(f)) is amended by
2
adding at the end the following:
3
‘‘(5) DOMINANT
IN
ITS
MARKET.—The term
4
‘dominant in its market’ means, with respect to a
5
provider of an interactive computer service, that
6
such provider has gained substantial, sustained mar-
7
ket power over any competitors. Actual monopoly
8
control over a market is not required to satisfy the
9
preceding sentence.
10
‘‘(6) REASONABLY
CONSISTENT
WITH
THE
11
FIRST
AMENDMENT
TO
THE
CONSTITUTION.—The
12
term ‘reasonably consistent with the First Amend-
13
ment to the Constitution’ means, with respect to the
14
policies and practices of a provider of an interactive
15
computer service relating to content moderation,
16
that such provider conforms such policies and prac-
17
tices to established law under the First Amendment
18
to the Constitution applicable to state actors, re-
19
gardless of whether or not such provider is a state
20
actor, to the extent feasible taking into consideration
21
the developing capabilities and complexities of tech-
22
nology and the unique characteristics of online com-
23
munication platforms.
24
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•HR 573 IH
‘‘(7) MINOR.—The term ‘minor’ means an indi-
1
vidual who is under 18 years of age.
2
‘‘(8) HARMFUL TO MINORS.—The term ‘harm-
3
ful to minors’ means, with respect to content, that
4
such content contains a description or representation
5
of nudity, sexual conduct, sexual excitement, or
6
sadomasochistic abuse that—
7
‘‘(A) predominantly appeals to the pru-
8
rient, shameful, or morbid interest of minors;
9
‘‘(B) is patently offensive to prevailing
10
standards in the adult community with respect
11
to what is suitable material for minors; and
12
‘‘(C) is utterly without redeeming social
13
importance for minors.
14
‘‘(9) ADULT.—The term ‘adult’ means an indi-
15
vidual who is 18 years of age or older.’’.
16
(c) EFFECTIVE DATE.—The amendments made by
17
this section shall apply with respect to conduct by a pro-
18
vider of an interactive computer service (as defined in sec-
19
tion 230(f) of the Communications Act of 1934 (47 U.S.C.
20
230(f))) that occurs after the date of the enactment of
21
this Act.
22
Æ
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