SHORT TITLE. This Act may be cited as the ‘‘Platform Account- ability and Consumer Transparency Act’’ or the ‘‘PACT Act’’.

DEFINITIONS. In this Act: VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (1) COMMISSION.—Except as otherwise pro- vided, the term ‘‘Commission’’ means the Federal Trade Commission. (2) DEMONETIZE.—The term ‘‘demonetize’’, with respect to content on an interactive computer service, means to take action to prohibit the infor- mation content provider that generated or dissemi- nated the content from receiving direct financial compensation from the interactive computer service provider based on the content. (3) DEPRIORITIZE.—The term ‘‘deprioritize’’, with respect to content on an interactive computer service, means to take affirmative, content-specific action to reduce the priority level of the content. (4) ILLEGAL ACTIVITY.—The term ‘‘illegal ac- tivity’’ means activity conducted by an information content provider that has been determined by a trial or appellate Federal or State court to violate Fed- eral criminal or civil law. (5) ILLEGAL CONTENT.—The term ‘‘illegal con- tent’’ means information provided by an information content provider that has been determined by a trial or appellate Federal or State court to violate— (A) Federal criminal or civil law; or (B) State defamation law. •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (6) INDIVIDUAL PROVIDER.—The term ‘‘indi- vidual provider’’ means a provider of an interactive computer service that, during the most recent 12- month period— (A) received fewer than 100,000 unique monthly visitors; and (B) accrued revenue of less than $1,000,000. (7) INFORMATION CONTENT PROVIDER.—The term ‘‘information content provider’’ has the mean- ing given the term in section 230 of the Communica- tions Act of 1934 (47 U.S.C. 230). (8) INTERACTIVE COMPUTER SERVICE.—The term ‘‘interactive computer service’’ has the meaning given the term in section 230 of the Communica- tions Act of 1934 (47 U.S.C. 230). (9) POTENTIALLY POLICY-VIOLATING CON- TENT.—The term ‘‘potentially policy-violating con- tent’’ means content that may violate the acceptable use policy of the provider of an interactive computer service. (10) SMALL BUSINESS PROVIDER.—The term ‘‘small business provider’’ means a provider of an interactive computer service that is not an individual •S 797 IS VerDate Sep 11 2014 04:02 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 provider and, during the most recent 12-month pe- riod— (A) received fewer than 1,000,000 unique monthly visitors; and (B) accrued revenue of less than $50,000,000.

FINDINGS. Congress finds the following: (1) Technological advancements involving the internet and interactive computer service providers have led to innovations that offer substantial benefit to the people and the economy of the United States. (2) People in the United States increasingly rely on interactive computer services to commu- nicate, gather information, and conduct transactions that are central to our economic, political, social, and cultural life. (3) The content moderation decisions made by providers of interactive computer services shape the online information ecosystem available to people in the United States and impact free expression. (4) There is a compelling government interest in having providers of interactive computer services provide information to the public about their content moderation policies and practices because of the im- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 pact those policies may have on the speech interests of their consumers. (5) The people of the United States benefit from transparent information about the decisions interactive computer service providers make regard- ing their content moderation practices, including re- moving, maintaining, blocking, amplifying, prioritizing, or deprioritizing information provided by other consumers. (6) The Federal Government should hold inter- active computer service providers accountable when they fail to respond to consumers’ concerns about their content moderation decisions. (7) Federal and State court decisions and Fed- eral statutes and regulations that apply to offline commerce do not always govern online commerce and communications. (8) The rights of consumers should extend to online commerce and communications to provide a level playing field for all consumers and companies, and to prevent wrongdoing and victimization of peo- ple in the United States.

POLICY. It is the policy of the United States— •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (1) to preserve the internet and other inter- active computer services as forums for diversity of political discourse, opportunities for cultural develop- ment, and places for intellectual and commercial ac- tivity; (2) to ensure consumers have accessible and clear information about the acceptable use policies of interactive computer service providers so that con- sumers are informed about the content moderation policies and practices of those providers when they participate in, or engage with, those services; (3) to create accountability and transparency measures to diminish the likelihood that interactive computer service providers are engaging in unfair or deceptive practices; (4) to encourage the development and use of technologies that minimize illegal activities and con- tent and potentially policy-violating content; (5) to ensure that the consumer rights of users of interactive computer services are maintained and extended to activities that the users may participate in online; and (6) to hold interactive computer service pro- viders accountable, and exempt them from immunity protections under section 230 of the Communica- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 tions Act of 1934 (commonly known as ‘‘section 230 of the Communications Decency Act of 1996’’) (47 U.S.C. 230), when they help develop illegal content or contribute to illegal content or conduct online.

TRANSPARENCY AND PROCESS REQUIREMENTS. (a) ACCEPTABLE USE POLICY.— (1) PUBLICATION OF ACCEPTABLE USE POL- ICY.—A provider of an interactive computer service shall publish an acceptable use policy in accordance with paragraph (2) in a location that is easily acces- sible to the user. (2) CONTENTS OF POLICY.—The acceptable use policy of a provider of an interactive computer serv- ice shall— (A) reasonably inform users about the types of content that are allowed on the inter- active computer service; (B) explain the steps the provider takes to ensure content complies with the acceptable use policy; (C) explain the means by which users can notify the provider of potentially policy-violating content, illegal content, or illegal activity, which shall include— •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (i) subject to subsection (e), making available a live company representative through a toll-free telephone number dur- ing regular business hours for not fewer than 8 hours per day and 5 days per week to assist users with the process of making a complaint; (ii) an email address or relevant in- take mechanism to handle user complaints; and (iii) subject to subsection (e), a com- plaint system described in subsection (b); and (D) include publication of a biannual transparency report outlining actions taken to enforce the policy, as described in subsection (d). (b) COMPLAINT SYSTEM.—Subject to subsection (e), a provider of an interactive computer service shall provide a system that is easily accessible to a user through which the user may submit in good faith, and track, a complaint regarding any content or activity on the interactive com- puter service, including a complaint regarding— (1) potentially policy-violating content, illegal content, or illegal activity; or •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (2) a decision of the interactive computer serv- ice provider to remove content posted by the infor- mation content provider. (c) PROCESSING OF COMPLAINTS.— (1) COMPLAINTS REGARDING ILLEGAL CON- TENT, ILLEGAL ACTIVITY, OR POTENTIALLY POLICY- VIOLATING CONTENT.— (A) ILLEGAL CONTENT OR ILLEGAL ACTIV- ITY.— (i) IN GENERAL.—Subject to sub- section (e), and except as provided in clause (ii), if a provider of an interactive computer service receives notice of illegal content or illegal activity on the interactive computer service that substantially com- plies with the requirements under para- graph (3)(B)(ii) of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)), as added by section 6(a), the pro- vider shall remove the content or stop the activity not later than 4 days after receiv- ing the notice, subject to reasonable excep- tions, including concerns about the legit- imacy of the notice. •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (ii) TIMELINE FOR NOTICE EMA- NATING FROM DEFAULT JUDGMENTS AND STIPULATED AGREEMENTS.—If a notice of illegal content or illegal activity described in clause (i) emanates from a default judg- ment or stipulated agreement, that clause shall be applied by substituting ‘‘10 days’’ for ‘‘4 days’’. (B) POTENTIALLY POLICY-VIOLATING CON- TENT.—Subject to subsection (e), if a provider of an interactive computer service receives a complaint made in good faith through the com- plaint system of the provider established under subsection (b) regarding potentially policy-vio- lating content on the interactive computer serv- ice, the provider shall, not later than 14 days after receiving the complaint— (i) review the content; (ii) determine whether the content ad- heres to the acceptable use policy of the provider; and (iii) initiate appropriate steps based on the determination made under clause (ii), subject to reasonable extensions in cases requiring extraordinary investigation. •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (2) PROCESS AFTER REMOVAL OF CONTENT.— (A) REMOVAL BASED ON USER COM- PLAINT.— (i) IN GENERAL.—Subject to clause (ii), if a provider of an interactive com- puter service removes potentially policy-vio- lating content based on a user complaint, the provider of the interactive computer service shall, concurrently with the re- moval— (I) notify the information content provider and the complainant of the removal and explain why the content was removed; (II) allow the information content provider to appeal the decision; and (III) notify the information con- tent provider and the complainant of— (aa) the determination re- garding the appeal under sub- clause (II); and (bb) in the case of a reversal of the decision to remove the con- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 tent in question, the reason for the reversal. (ii) EXCEPTIONS.—A provider of an interactive computer service shall not be required to provide an information content provider with notice or an opportunity to appeal under clause (i) if— (I) the provider of the interactive computer service is unable to contact the information content provider after taking reasonable steps to do so; or (II)(aa) the provider of the inter- active computer service reasonably be- lieves that such notice would risk im- minent harm to any person or impede law enforcement activities; or (bb) a law enforcement agency, based on a reasonable belief that such notice would interfere with an ongoing investigation, requests that the pro- vider of the interactive computer serv- ice not provide such notice. (B) REMOVAL BASED ON MODERATION DE- CISIONS OF INTERACTIVE COMPUTER SERVICE PROVIDER.—If a provider of an interactive com- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 puter service receives notice, through a com- plaint from the information content provider, that the provider of the interactive computer service removed content of the information con- tent provider that the information content pro- vider believes does not violate the acceptable use policy of the provider of the interactive computer service, the provider of the interactive computer service shall, not later than 14 days after receiving notice— (i) review the content; (ii) determine whether the content ad- heres to the acceptable use policy of the provider of the interactive computer serv- ice; (iii) take appropriate steps based on the determination made under clause (ii); and (iv) notify the information content provider regarding the determination made under clause (ii) and steps taken under clause (iii). (d) BIANNUAL TRANSPARENCY REPORT.— (1) IN GENERAL.—Subject to subsection (e), as part of the acceptable use policy required under sub- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 section (a), a provider of an interactive computer service shall publish a transparency report every 6 months in accordance with this subsection. (2) REQUIREMENTS.—A provider of an inter- active computer service shall include in the trans- parency report required under paragraph (1)— (A) the total number of unique monthly visitors to the interactive computer service dur- ing the preceding 6-month and 12-month peri- ods; (B) the number of instances during the preceding 6-month period in which illegal con- tent, illegal activity, or potentially policy-vio- lating content was flagged— (i) due to a complaint by a user of the interactive computer service; (ii) internally, by— (I) an employee or contractor of the provider; or (II) an internal automated detec- tion tool, not including content or ac- tivity identified as— (aa) spam; or (bb) fraudulent activity; or •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (iii) by another type of entity, such as a government agency, third-party re- searcher, or other provider of an inter- active computer service; (C) the number of instances during the preceding 6-month period in which the inter- active computer service provider took action with respect to illegal content, illegal activity, or known potentially policy-violating content due to its nature as illegal content, illegal activity, or known potentially policy-violating content, respectively, and the type of action taken, in- cluding the number of instances of content re- moval, content demonetization, content deprioritization, appending content with an as- sessment, account suspension, account removal, or any other action taken in accordance with the acceptable use policy of the provider, cat- egorized by— (i) the category of rule violated, with respect to the acceptable use policy; (ii) the source of the flag, including government, user, internal automated de- tection tool, coordination with other inter- active computer service providers, or per- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 sonnel employed or contracted for by the provider; (iii) the country of the information content provider; and (iv) whether the action was in re- sponse to a coordinated campaign, as de- termined by the interactive computer serv- ice provider; (D) the number of instances during the preceding 6-month period in which the inter- active computer service provider decided to not take action under subsection (c)(1)(B)(iii) with respect to content that violated the acceptable use policy of the provider; (E)(i) the number of instances during the preceding 6-month period in which an informa- tion content provider appealed a decision to re- move potentially policy-violating content; and (ii) the percentage of appeals described in clause (i) that resulted in the restoration of content; (F) a descriptive summary of the kinds of tools, practices, actions, and techniques used during the preceding 6-month period in enforc- ing the acceptable use policy of the interactive •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 computer service provider that does not jeop- ardize the effectiveness of these tools; and (G) any other information with respect to the preceding 6-month period that would en- hance the effectiveness of the transparency re- port, as determined by the interactive computer service provider. (3) PRIVACY.—An interactive computer service provider shall publish the transparency report under paragraph (1) in a manner that preserves the pri- vacy of information content providers. (4) FORMAT.—A provider of an interactive computer service shall publish the information de- scribed in paragraph (2) with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers. (e) INDIVIDUAL AND SMALL BUSINESS PROVIDER EXEMPTIONS.— (1) INDIVIDUAL PROVIDERS.—The following provisions shall not apply to an individual provider: (A) Clauses (i) and (iii) of subsection (a)(2)(C) (relating to a live company represent- ative and a complaint system, respectively). (B) Subsection (b) (relating to a complaint system). •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (C) Paragraphs (1)(B) and (2) of sub- section (c) (relating to processing complaints regarding potentially policy-violating content and the process after removal of such content, respectively). (D) Subsection (d) (relating to a trans- parency report). (2) SMALL BUSINESS PROVIDERS.— (A) IN GENERAL.—The following provi- sions shall not apply to a small business pro- vider: (i) Subsection (a)(2)(C)(i) (relating to a live company representative). (ii) Subsection (d) (relating to a transparency report). (B) DEADLINE FOR PROCESSING COM- PLAINTS REGARDING POTENTIALLY POLICY-VIO- LATING CONTENT.—Subsection (c)(1)(B) shall be applied to a small business provider by sub- stituting ‘‘21 days’’ for ‘‘14 days’’. (f) INTERNET INFRASTRUCTURE SERVICE EXEMP- TION.—Subsections (a) through (e) shall not apply to— (1) a provider of an interactive computer serv- ice that is used by another interactive computer service for the management, control, or operation of •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 that other interactive computer service, including for services such as web hosting, domain registration, content delivery networks, caching, security, back- end data storage, and cloud management; or (2) a provider of broadband internet access service, as that term is defined in section 8.1(b) of title 47, Code of Federal Regulations (or any suc- cessor regulation). (g) ENFORCEMENT BY COMMISSION.— (1) UNFAIR OR DECEPTIVE ACTS OR PRAC- TICES.— (A) IN GENERAL.—A violation of sub- section (c)(1)(B), (c)(2), or (d) shall be treated as a violation of a rule defining an unfair or de- ceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (B) LIMITATION ON AUTHORITY.—Nothing in subparagraph (A) shall be construed to su- persede paragraph (1) or (2) of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) or to otherwise authorize the Commis- sion to review any action or decision by a pro- vider of an interactive computer service related •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 to the application of the acceptable use policy of the provider. (2) POWERS OF COMMISSION.— (A) IN GENERAL.—Except as provided in subparagraph (C), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) PRIVILEGES AND IMMUNITIES.—Ex- cept as provided in subparagraph (C), any per- son who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Com- mission Act (15 U.S.C. 41 et seq.). (C) NONPROFIT ORGANIZATIONS.—Not- withstanding section 4 of the Federal Trade Commission Act (15 U.S.C. 44) or any jurisdic- tional limitation of the Commission, the Com- mission shall also enforce this section, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to orga- •S 797 IS VerDate Sep 11 2014 18:22 Apr 09, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 nizations not organized to carry on business for their own profit or that of their members. (h) NO EFFECT ON OTHER LAWS.—Nothing in this section shall impair, limit, expand, or otherwise affect the scope or application of— (1) rule 65 of the Federal Rules of Civil Proce- dure; (2) section 1651 of title 28, United States Code (commonly known as the ‘‘All Writs Act’’); or (3) any law pertaining to intellectual property, including— (A) title 17, United States Code; and (B) the Act entitled ‘‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’’, approved July 5, 1946 (com- monly known as the ‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’) (15 U.S.C. 1051 et seq.). (i) GAO REPORT ON WHISTLEBLOWER PROTECTION AND AWARDS.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress assessing the viability, including the anticipated cost and benefit to •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 consumers, of establishing a whistleblower protection and award program for employees and contractors of inter- active computer services, to be administered by the Com- mission, that would enable reporting and enforcement of violations of consumer protections that take place online. (j) NIST VOLUNTARY FRAMEWORK.— (1) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Director of the National Institute of Standards and Tech- nology shall develop a voluntary framework, with input from relevant experts, that consists of non- binding standards, guidelines, and best practices to manage risk and shared challenges related to, for the purposes of this Act, good faith moderation practices by interactive computer service providers. (2) CONTENTS.—The framework developed under paragraph (1) shall include— (A) technical standards and processes for the sharing of information among providers of an interactive computer service; (B) recommendations on automated detec- tion tools and the appropriate nature and level of human review to correct for machine error in assessing nuanced or context-specific issues; •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (C) standards and processes for providing researchers access to data to conduct scientific, historical, statistical, and other relevant re- search, including with respect to content that is removed, demonetized, or deprioritized by the provider of an interactive computer service; and (D) methods to strengthen the capacity of a provider of an interactive computer service to authenticate documentation of a determination by a court that content or an activity violates Federal law or State defamation law.

PROTECTION EXEMPTIONS. (a) EXEMPTION FROM LIABILITY PROTECTION.— Section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) is amended by adding at the end the fol- lowing: ‘‘(3) PROTECTION EXEMPTION.— ‘‘(A) IN GENERAL.—Subject to subpara- graph (B), the protection under paragraph (1) shall not apply to a provider of an interactive computer service, with respect to illegal content shared or illegal activity occurring on the inter- active computer service, if the provider— ‘‘(i) has actual knowledge of the ille- gal content or illegal activity; and •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 ‘‘(ii) does not remove the illegal con- tent or stop the illegal activity— ‘‘(I) within 4 days of acquiring that knowledge, subject to reasonable exceptions based on concerns about the legitimacy of the notice; or ‘‘(II) if the knowledge is acquired from a notice that emanates from a default judgment or stipulated agree- ment— ‘‘(aa) within 10 days of ac- quiring that knowledge; or ‘‘(bb) if the provider seeks to vacate the default judgment or stipulated agreement under sub- paragraph (B)(i)(III) and the proceeding initiated under that subparagraph results in a deter- mination that the default judg- ment or stipulated agreement should remain intact, within hours of that determination. ‘‘(B) NOTICE EMANATING FROM DEFAULT JUDGMENT OR STIPULATED AGREEMENT.— •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 ‘‘(i) VACATUR OF DEFAULT JUDG- MENT OR STIPULATED AGREEMENT.—Sub- paragraph (A) shall not apply to a provider of an interactive computer service if— ‘‘(I) a notice of illegal content or illegal activity described in that sub- paragraph emanates from a default judgment or stipulated agreement; ‘‘(II) the notice described in sub- clause (I) does not include a sworn af- fidavit with sufficient evidence to con- stitute a prima facie showing in sup- port of each underlying cause of ac- tion upon which the default judgment or stipulated agreement was obtained; ‘‘(III) not later than 10 days after receiving the notice, the inter- active computer service provider files, in good faith, to intervene and seek to vacate the default judgment or stipu- lated agreement in the court in which the judgment was obtained; and ‘‘(IV) the proceeding initiated under subclause (III) results in •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 vacatur of the default judgment or stipulated agreement. ‘‘(ii) COSTS AND FEES.—If the pro- ceeding initiated under clause (i)(III) re- sults in a determination that the default judgment or stipulated agreement was sought fraudulently, the provider of the interactive computer service may seek re- imbursement of costs and fees relating to the proceeding. ‘‘(C) NOTICE OF ILLEGAL CONTENT OR IL- LEGAL ACTIVITY.— ‘‘(i) IN GENERAL.—A provider of an interactive computer service shall be deemed to have actual knowledge of illegal content or illegal activity for purposes of subparagraph (A) only if the provider re- ceives notice of such content or activity that substantially complies with the re- quirements under clause (ii) of this sub- paragraph. ‘‘(ii) ELEMENTS.—Notice of illegal content or illegal activity provided to a provider of an interactive computer service •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 as described in clause (i) shall be in writ- ing and include the following: ‘‘(I) A copy of the order from a trial or appellate Federal or State court, in its entirety, and unsealed if the court has ordered it to be sealed, under which the content or activity was determined to violate Federal criminal or civil law or State defama- tion law, and to the extent available, any references substantiating the va- lidity of the order, such as the web addresses of public court docket infor- mation. ‘‘(II) Information that is reason- ably sufficient to allow the provider to identify and locate the illegal content or illegal activity, including each user or account engaged in the illegal ac- tivity and specific locations of content or accounts involved in the illegal con- tent or activity, such as URLs, links, or unique usernames. ‘‘(III) Information reasonably sufficient to permit the provider to •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 contact the complaining party, which shall include— ‘‘(aa) if the complaining party is a user of the interactive computer service, information identifying the user account; and ‘‘(bb) if the complaining party is not a user of the inter- active computer service, an email address of the complaining party. ‘‘(IV) A statement by the com- plaining party, made under penalty of perjury in accordance with section 1746 of title 28, United States Code, that— ‘‘(aa) the information in the notice is accurate; and ‘‘(bb) the content or activity described in the notice has been determined by a trial or appellate Federal or State court to violate Federal criminal or civil law or State defamation law. ‘‘(D) NOTICE TO INFORMATION CONTENT PROVIDER BEFORE REMOVAL OR STOPPING.—A •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 provider of an interactive computer service that receives notice of illegal content or illegal activ- ity shall notify the information content provider before removing the content or stopping the ac- tivity, subject to commercially reasonable expec- tations. ‘‘(E) LIMITATIONS FOR INTERNET INFRA- STRUCTURE SERVICES.—Subparagraph (A) shall not apply with respect to— ‘‘(i) an interactive computer service that is used by another interactive com- puter service for the management, control, or operation of that other interactive com- puter service, including for services such as web hosting, domain registration, content delivery networks, caching, security, back- end data storage, and cloud management; or ‘‘(ii) a provider of broadband internet access service, as that term is defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation). ‘‘(F) MONITORING OR AFFIRMATIVE FACT- SEEKING NOT REQUIRED.—Nothing in this paragraph shall be construed to condition the •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 applicability of paragraph (1) to a provider of an interactive computer service on the provider monitoring the interactive computer service or affirmatively seeking facts indicating illegal con- tent or illegal activity in order to identify in- stances of content or activity additional to any instances about which the provider has received notice. ‘‘(G) ENFORCEMENT EXEMPTION.—Noth- ing in this paragraph shall be construed to im- pair or limit the application of paragraph (1) or (2) of subsection (e). ‘‘(H) NO EFFECT ON OTHER LAWS.— Nothing in this paragraph shall impair, limit, expand, or otherwise affect the scope or applica- tion of— ‘‘(i) rule 65 of the Federal Rules of Civil Procedure; ‘‘(ii) section 1651 of title 28, United States Code (commonly known as the ‘All Writs Act’); or ‘‘(iii) any law pertaining to intellectual property, including— ‘‘(I) title 17, United States Code; and •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 ‘‘(II) the Act entitled ‘‘An Act to provide for the registration and pro- tection of trademarks used in com- merce, to carry out the provisions of certain international conventions, and for other purposes’’, approved July 5, 1946 (commonly known as the ‘‘Trademark Act of 1946’’ or the ‘Lanham Act’) (15 U.S.C. 1051 et seq.).’’. (b) DEFINITIONS.—Section 230(f) of the Commu- nications Act of 1934 (47 U.S.C. 230(f)) is amended by adding at the end the following: ‘‘(5) ILLEGAL ACTIVITY.—The term ‘illegal ac- tivity’ means activity conducted by an information content provider that has been determined by a trial or appellate Federal or State court to violate Fed- eral criminal or civil law. ‘‘(6) ILLEGAL CONTENT.—The term ‘illegal content’ means information provided by an informa- tion content provider that has been determined by a trial or appellate Federal or State court to violate— ‘‘(A) Federal criminal or civil law; or ‘‘(B) State defamation law.’’. •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 (c) TECHNICAL CORRECTION.—Section 230(c)(2)(B) of the Communications Act of (47 U.S.C. 230(c)(2)(B)) is amended by striking ‘‘paragraph (1)’’ and inserting ‘‘subparagraph (A)’’.

FEDERAL AND STATE ENFORCEMENT. Section 230(e)(1) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended to read as follows: ‘‘(1) NO EFFECT ON FEDERAL CRIMINAL OR CIVIL LAW.—Nothing in this section shall be con- strued to limit, impair, or prevent the enforcement or investigation by the Federal Government or a State attorney general, as applicable, of— ‘‘(A) any other Federal criminal or civil statute; or ‘‘(B) any regulation of an Executive agen- cy (as defined in section 105 of title 5, United States Code) or an establishment in the legisla- tive branch of the Federal Government.’’.

SEVERABILITY. If any provision of this Act or an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unenforceable or invalid, the remaining provisions of this Act and amendments made by this Act, and the applica- tion of the provision or amendment so held to other per- •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S797.IS S797 sons not similarly situated or to other circumstances, shall not be affected thereby.

EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 18 months after the date of enactment of this Act. •S 797 IS VerDate Sep 11 2014 16:35 Apr 10, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6301 E:\BILLS\S797.IS S797