Sec. 6. Earning immunity
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/bill/116/s/3398/rs/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) ) is amended by adding at the end the following: Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit— any claim in a civil action brought against a provider of an interactive computer service under section 2255 of title 18, United States Code, if the conduct underlying the claim— constitutes a violation of section 2252 or section 2252A of that title; or is considered a violation of section 2252 or section 2252A of that title by operation of subsection (a)(2) of such section 2255; any charge in a criminal prosecution brought against a provider of an interactive computer service under State law if the conduct underlying the charge would constitute a violation of section 2252 or section 2252A of title 18, United States Code; or any claim in a civil action brought against a provider of an interactive computer service under State law if the conduct underlying the claim— would constitute a violation of section 2252 or section 2252A of title 18, United States Code; or would be considered a violation of section 2252 or section 2252A of title 18, United States Code, for purposes of subsection (a)(1) of section 2255 of that title, by operation of subsection (a)(2) of such section 2255.
Subparagraph
(A)shall not apply to a claim in a civil action or charge in a State criminal prosecution brought against a provider of an interactive computer service if— an officer of the provider has elected to certify to the Attorney General under section 4(d) of the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 that the provider has implemented, and is in compliance with, the child sexual exploitation prevention best practices contained in a law enacted under the expedited procedures under section 4(c) of such Act and such certification was in force at the time of any alleged acts or omissions that are the subject of a claim in a civil action or charge in a State criminal prosecution brought against such provider; or the provider has implemented reasonable measures relating to the matters described in section 4(a)(3) of the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 , subject to the exceptions authorized under section 4(a)(1)(B)(ii) of that Act, to prevent the use of the interactive computer service for the exploitation of minors. . Section 2255 of title 18, United States Code, is amended— by redesignating subsection
(a)as paragraph
(1)and adjusting the margin accordingly; by inserting before paragraph (1), as so designated, the following: ; and in subsection (a), as so designated, by adding at the end the following: Conduct by a provider of an interactive computer service (as defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 )) that would violate section 2252 or section 2252A if that section were applied by substituting recklessly for knowingly each place that term appears shall be considered a violation of section 2252 or section 2252A for purposes of paragraph
(1)of this subsection. . The amendments made by this section shall— take effect on the earlier of— the date that is 1 year after the date on which a bill that contains best practices submitted under section 4(b) is enacted under the expedited procedures under section 4(c); or the date that is 4 years after the date of enactment of this Act; and only apply to a claim in a civil action or charge in a criminal prosecution brought against a provider of an interactive computer service if the alleged acts or omissions occurred after the effective date described in paragraph (1).
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