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Bill Text230 RedlineDate IntroducedCompanion BillSponsorsControlling Subject Matter230 Provision(s) AmendedSnapshot
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S.3538_Eliminating Abusive and Rampant Neglect of Interactive Technologies Act (EARN IT)1/31/2022March 2020 Version | July 2020 VersionGraham (R-SC); Blumenthal (D-CT)child sex trafficking230(e)Similar to the July 2020 version -- creates an exception under 230(e) for CSAM. Amends federal child sex trafficking laws. Appears to be playing the FOSTA / SESTA playbook. Sen. Blumenthal tweet here.
–TechDirt
–Riana Pfefferkorn (2020)

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S.___Platform Accountability and Transparency Act
12/09/2021
(announced, not yet introduced)
Coons (D-DE); Klobuchar (D-MN); Portman (R-OH), transparency230(c)(1)Creates system for qualified researchers to access data held by social media companies. NSF to approve research projects and FTC to enforce company compliance and privacy protection. Section 230 protections may be removed for companies that don't comply with the law's transparency requirements. Certain safe harbor and immunity protections for companies and qualified researchers involved in sharing data. Adds protections for researchers who consensually obtain data in other ways. Applies to "platforms" as defined, with 25 million+ monthly users. Press release: https://www.coons.senate.gov/news/press-releases/coons-portman-klobuchar-announce-legislation-to-ensure-transparency-at-social-media-platforms
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S.3029Protecting Americans from Dangerous Algorithms Act10-20-2021 H.R. 2154; H.R. 8636 from 116th Cong; Luján (D-N.M.)algorithmic amplification230(c)removes 230 immunity for services that use algorithmsis to amplify or recommend content relevant to a case involving interference with civil rights (42 U.S.C. 1985); neglect to prevent interference with civil rights (42 U.S.C. 1986); and in cases involving acts of international terrorism (18 U.S.C. 2333). Includes a small business and infrastructure carve out.

Press Release
Keller
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S.2972A bill to repeal section 230 of the Communications Act of 193410-07-2021n/aGraham (R-SC)repealrepeal https://www.congress.gov/bill/117th-congress/senate-bill/2972

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S.2725Accountability for Online Firearms Marketplaces Act of 202109/13/2021n/aBlumenthal (D-CT); Feinstein (D-CA); Whitehous (D-RI)carveout -– firearms 230(c)(1)+(f)Adds (c)(2)(3) stating that (c)(1) protection does not apply to online firarms markeplaces, sued in their capacity as online marketplaces. Defines "online firearms marketplace" to include services that facilitate transactions of all firearms-related materials; makes listings available that "could be reasonable inferred to propose the transfer of a firearm"; "makes digital instructions in the form of Computer Aided Design files [...] regardless of whether such transactions or other activities violate the terms of service of the interactive computer services."

Press:
https://www.feinstein.senate.gov/public/index.cfm/2021/8/feinstein-blumenthal-colleagues-introduce-bill-to-hold-online-gun-marketplaces-accountable-for-facilitating-illegal-firearms-sales
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S.2448Health Misinformation Act of 2021 07/22/2021n/aKlobuchar (D-MN); Luján (D-NM)misinformation230(c)(1)+(f)Providers of interactive computer services shall be treated as the publisher or speaker of health misinfo on their services if the misinfo is algorithmically amplified during an existing public health emergency. Directs the Health and Human Services secretary to issue guidelines on what should be classified as “health misinformation."

Press: https://www.klobuchar.senate.gov/public/index.cfm/news-releases?ID=B8B62B2C-10A1-4793-BA89-4CED486054A8

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S. 2338Preserving Political Speech Online Act07/14/2021n/aDaines (R-MT)anti-bias230(c)(2)FTC rulemaking on equal access to ads for federal candidates. Requirement to make available ad purchasing records for candidates within 24hrs. Removes from (c)(2), "or otherwise objectionable, whether or not such material is constitutionally protected" and adds "harassing or threatening, or promoting illegal activity." Prohibition clause for blocking and screening based on political affiliation.

Press: https://www.daines.senate.gov/news/press-releases/daines-introduces-bill-to-counter-big-techs-bias-protect-political-speech-and-beliefs-of-users-

Congress.gov: https://www.congress.gov/bill/117th-congress/senate-bill/2338?q=%7B%22search%22%3A%5B%22daines%22%5D%7D&s=2&r=7

Masnick article: https://www.techdirt.com/articles/20210715/10265747175/senator-steve-daines-decides-to-spit-1st-amendment-again-wants-to-ban-moderation-politicians.shtml
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S. 2335 Don't Push my Buttons Act07/13/2021n/aKennedy (R-LA)data collection/targeting230(c) generallyA provider of an interactive computer service that collects information regarding the habits, preferences, or beliefs of a user of the service and then uses an automated function to deliver content based on the collected information will not receive (c)(1)/(2) liability protection. Does not apply when a user of an interactive computer service knowingly and intentionally elects to receive the content.

Press:
https://www.kennedy.senate.gov/public/press-releases?ID=DA3D4514-5659-4BEC-9891-0BFF6E21360C
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S.2228DISCOURSE Act6/24/2021n/aRubio (R-FL) anti-bias230(c), 230(d), 230(f) An ICS may be held as an ICP if it amplifes, moderates, or modifies information from another person. Amends 230(c)(2) protections to remove "otherwise objectionable," adds "objectively reasonable belief," as well as terrorism, self-harm, and unlawful content categories. Adds "religious liberty" exception. Requires disclosure of moderation practices. Section 230 becomes an affirmative defense.


Press:
https://www.rubio.senate.gov/public/index.cfm/press-releases?ID=046961AE-3B1C-459A-BFBA-7326EF0C9843

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S.138421st Century FREE Speech Act4/27/2021H.R.7613Bill Hagerty (R-TN)anti-biasrepeal 230Repeals Section 230 and creates Section 232 for "reasonable non-discriminatory access to online communication platforms." Recycles modified text of (c)(1) but adds broad (basically universal) exceptions, including for the recommendation or restriction of access to user material. A modified (c)(2)(a) and (b) are also carried over with the bill adding several requirements for actions to qualify as "in good faith," including timely notice of actions and opportunity to respond.

Creates a private right of action for noncompliance with broadly specified nondiscriminatory practices and nondisclosure of moderation practices ($500 per violation). Categorizes "public" online services with "100,000,000 worldwide active monthly users" as common carrier technologies. Exceptions for broadband. Obligation to tell new users parental control software exists.
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S.797
(reintroduced and modified)
Redline		Platform Accountability and Consumer Transparency Act (PACT Act)3/17/2021n/aThune (R-SD); Schatz (D-HI)content moderation (general)230(c) generally + 230(e) + 230(f)See snippet from 116th Congress.

Masnick summary: https://www.techdirt.com/articles/20210317/12015646438/pact-act-is-back-bipartisan-section-230-reform-bill-remains-mistargeted-destructive.shtml

Notable Changes:
--biannual instead of quarterly transparency report
--Individual Provider & Small Business exemptions
--illegal content/activty TAT now 4 days instead of 24 hours
--230 exemption for state AG's (significant -- allows state AG's to seek/enforce federal law if their states have comparable laws)
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S.299Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act (SAFE TECH Act)02-05-2021n/aWarner (D-VA); Hirono (D-HI); Klobuchar (D-MN)content moderation (general)230(c)(1)+(c)(2)+(e)+(f)Amends (c)(1) to carveout immunity from any service that has accepted payment to make speech available (so any service that is funded by ad revenue/could encompass cloud-host providers like AWS?). Creates (c)(1)(B) to provide for an affirmative defense only if the service can prove by a preponderance of the evidence that the content at issue is third-party. Carveouts for injunctive relief (no monetary relief -- unhelpful because service care about preserving content), Civil Rights Laws (see: https://www.techdirt.com/articles/20210127/18011646136/removing-civil-rights-law-section-230-will-create-many-new-problems-while-failing-to-fix-existing-ones.shtml), Antitrust, Stalking/Harassment/Intimidation laws (will be easily weaponized by hate groups), International Human Rights Laws, Wrongful Death Actions (likely added to cover concerns about self-harm content).

I'm unclear as to what service actually qualifies for 230 immunity here.
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S. 27 (reintroduced)See Something, Say Something Online Act2/1/2021n/aManchin, Cornyncombatting unlawful content230(e)services must report a suspicious transmissions or lose 230 immunity. Includes: UGC that commits, facilitates, incites, promotes, otherwise assists the commission of a major crime.
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