Sec. 2. Amendment to the Communications Decency Act
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Section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) ) is amended by adding at the end the following: For purposes of paragraph (1), a provider of an interactive computer service shall be considered to be an information content provider and the protection under that paragraph shall not apply for any claim described in subparagraph
(B)of this paragraph. A claim described in this subparagraph is a claim— in a civil action brought under— section 1980 or 1981 of the Revised Statutes ( 42 U.S.C. 1985 , 1986); or section 2333 of title 18, United States Code; and that, except as provided in clause (ii), involves a case in which the interactive computer service used an algorithm, model, or other computational process to rank, order, promote, recommend, amplify, or similarly alter the delivery or display of information (including any text, image, audio, or video post, page, group, account, channel, or affiliation) provided to a user of the service if the information is directly relevant to the claim. The requirement under clause (i)(II) is not satisfied if— the information delivery or display is ranked, ordered, promoted, recommended, amplified, or similarly altered in a way that is obvious, understandable, and transparent to a reasonable user based only on the delivery or display of the information (without the need to reference the terms of service or any other agreement), including sorting information— chronologically or reverse chronologically; by average user rating or number of user reviews; alphabetically; randomly; and by views, downloads, or a similar usage metric; or the algorithm, model, or other computational process is used for information for which a user specifically searches. Subparagraph
(A)shall not apply to an interactive computer service that (in combination with each subsidiary and affiliate of the service) had not more than 10,000,000 unique monthly visitors or users for not fewer than 3 of the preceding 12 months. Subparagraph
(A)shall not apply to a provider of an interactive computer service that is used by another interactive computer service for the management, control, or operation of that other interactive computer service, including for— web hosting; domain registration; content delivery networks; caching; data storage; and cybersecurity. .
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