47 U.S. Code § 230 - Protection for private blocking and screening of offensive material | U.S. Code | US Law | LII / Legal Info

47 U.S. Code § 230 - Protection for private blocking and screening of offensive material | U.S. Code | US Law | LII / Legal Information Institute
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47 U.S. Code § 230 - Protection for private blocking and screening of offensive material
U.S. Code
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(a)
Findings
The
Congress
finds the following:
(1)
The rapidly developing array of
Internet
and other
interactive computer services
available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
(2)
These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
(3)
The
Internet
and other
interactive computer services
offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
(4)
The
Internet
and other
interactive computer services
have flourished, to the benefit of all Americans, with a minimum of government regulation.
(5)
Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
(b)
Policy
It is the policy of the
United States
(1)
to promote the continued development of the
Internet
and other
interactive computer services
and other interactive media;
(2)
to preserve the vibrant and competitive free market that presently exists for the
Internet
and other
interactive computer services
, unfettered by Federal or
State
regulation;
(3)
to encourage the development of technologies which maximize user control over what information is received by individuals, families, and schools who use the
Internet
and other
interactive computer services
(4)
to remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5)
to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer.
(c)
Protection for “Good Samaritan” blocking and screening of offensive material
(1)
Treatment of publisher or speaker
No provider or user of an
interactive computer service
shall be treated as the publisher or speaker of any information provided by another
information content provider.
(2)
Civil liability
No provider or user of an
interactive computer service
shall be held liable on account of—
(A)
any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B)
any action taken to enable or make available to
information content providers
or others the technical means to restrict access to material described in paragraph (1).
[1]
(d)
Obligations of interactive computer service
A provider of
interactive computer service
shall, at the time of entering an agreement with a customer for the provision of
interactive computer service
and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.
(e)
Effect on other laws
(1)
No effect on criminal law
Nothing in this section shall be construed to impair the enforcement of section
223
or
231
of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
(2)
No effect on intellectual property law
Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
(3)
State law
Nothing in this section shall be construed to prevent any
State
from enforcing any
State
law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any
State
or local law that is inconsistent with this section.
(4)
No effect on communications privacy law
Nothing in this section shall be construed to limit the application of the
Electronic Communications Privacy Act of 1986
or any of the amendments made by such Act, or any similar
State
law.
(5)
No effect on sex trafficking law
Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit—
(A)
any claim in a civil action brought under
section 1595 of title 18
, if the conduct underlying the claim constitutes a violation of section 1591 of that title;
(B)
any charge in a criminal prosecution brought under
State
law if the conduct underlying the charge would constitute a violation of
section 1591 of title 18
; or
(C)
any charge in a criminal prosecution brought under
State
law if the conduct underlying the charge would constitute a violation of
section 2421A of title 18
, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted.
(f)
Definitions
As used in this section:
(1)
Internet
The term “
Internet
” means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
(2)
Interactive computer service
The term “
interactive computer service
” means any
information service,
system, or
access software provider
that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the
Internet
and such systems operated or services offered by libraries or educational institutions.
(3)
Information content provider
The term “
information content provider
” means any
person
or entity that is responsible, in whole or in part, for the creation or development of information provided through the
Internet
or any other
interactive computer service
(4)
Access software provider
The term “
access software provider
” means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
(A)
filter, screen, allow, or disallow content;
(B)
pick, choose, analyze, or digest content; or
(C)
transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
(June 19, 1934, ch. 652, title II, § 230, as added
Pub. L. 104–104, title V, § 509
Feb. 8, 1996
110 Stat. 137
; amended
Pub. L. 105–277, div. C, title XIV, § 1404(a)
Oct. 21, 1998
112 Stat. 2681–739
Pub. L. 115–164, § 4(a)
Apr. 11, 2018
132 Stat. 1254
.)
[1]
So in original. Probably should be “subparagraph (A).”
Editorial Notes
References in Text
The
Electronic Communications Privacy Act of 1986
, referred to in subsec. (e)(4), is
Pub. L. 99–508
Oct. 21, 1986
100 Stat. 1848
. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under
section 2510 of Title 18
, Crimes and Criminal Procedure, and Tables.
Codification
Section 509 of Pub. L. 104–104
, which directed amendment of title II of the
Communications Act of 1934
47 U.S.C. 201
et seq.) by adding section 230 at end, was executed by adding the section at end of part I of title II of the Act to reflect the probable intent of
Congress
and amendments by sections 101(a), (b), and 151(a) of
Pub. L. 104–104
designating §§ 201 to 229 as part I and adding parts II (§ 251 et seq.) and III (§ 271 et seq.) to title II of the Act.
Amendments
2018—Subsec. (e)(5).
Pub. L. 115–164
added par. (5).
1998—Subsec. (d).
Pub. L. 105–277, § 1404(a)(3)
, added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1).
Pub. L. 105–277, § 1404(a)(1)
, inserted “or 231” after “section 223”.
Subsecs. (e), (f).
Pub. L. 105–277, § 1404(a)(2)
, redesignated subsecs. (d) and (e) as (e) and (f), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–164, § 4(b)
Apr. 11, 2018
132 Stat. 1254
, provided that:
“The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [
Apr. 11, 2018
], and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment.”
Effective Date of 1998 Amendment
Amendment by
Pub. L. 105–277
effective 30 days after
Oct. 21, 1998
, see
section 1406 of Pub. L. 105–277
, set out as a note under
section 223 of this title
Savings
Pub. L. 115–164, § 7
Apr. 11, 2018
132 Stat. 1255
, provided that:
“Nothing in this Act [see Short Title of 2018 Amendment note set out under
section 1 of Title 18
, Crimes and Criminal Procedure] or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or
State
law (including
State
statutory law and
State
common law) filed before or after the day before the date of enactment of this Act [
Apr. 11, 2018
] that was not limited or preempted by section 230 of the
Communications Act of 1934
47 U.S.C. 230
), as such section was in effect on the day before the date of enactment of this Act.”
Sense of
Congress
Pub. L. 115–164, § 2
Apr. 11, 2018
132 Stat. 1253
, provided that:
“It is the sense of
Congress
that—
“(1)
section 230 of the
Communications Act of 1934
47 U.S.C. 230
; commonly known as the ‘
Communications Decency Act of 1996
’) was never intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims;
“(2)
websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and
“(3)
clarification of such section is warranted to ensure that such section does not provide such protection to such websites.”
Executive Documents
Executive Order No. 13925
Ex. Ord. No. 13925
May 28, 2020
85 F.R. 34079
, which related to moderation of content posted on social media platforms, was revoked by
Ex. Ord. No. 14029
, § 1,
May 14, 2021
86 F.R. 27025
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