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Code · BILL · 118th Congress · S. 1207 (Reported in Senate) — To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes. · Sec. 5

Sec. 5. Protecting victims of online child sexual abuse

291 words·~1 min read·/bill/118/s/1207/rs/section-5

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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; any charge in a criminal prosecution brought against a provider of an interactive computer service under State law regarding the intentional, knowing, or reckless advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) 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 regarding the intentional, knowing, or reckless advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) of title 18, United States Code.
Notwithstanding paragraph (6), none of the following actions or circumstances shall serve as an independent basis for liability of a provider of an interactive computer service for a claim or charge described in that paragraph: The provider utilizes full end-to-end encrypted messaging services, device encryption, or other encryption services. The provider does not possess the information necessary to decrypt a communication. The provider fails to take an action that would otherwise undermine the ability of the provider to offer full end-to-end encrypted messaging services, device encryption, or other encryption services.
Nothing in subparagraph
(A)shall be construed to prohibit a court from considering evidence of actions or circumstances described in that subparagraph if the evidence is otherwise admissible. .
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Sec. 5
Protecting victims of online child sexual abuse
U.S.C.§ 230
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