II 

116TH CONGRESS 

2D SESSION S. 5020 

To repeal section 230 of the Communications Act of 1934. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2020 

Mr. GRAHAM introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To repeal section 230 of the Communications Act of 1934. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REPEAL OF SECTION 230. 

4 (a) IN GENERAL.—Section 230 of the Communica5 tions Act of 1934 (47 U.S.C. 230) is repealed. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) COMMUNICATIONS ACT OF 1934.—The Com8 munications Act of 1934 (47 U.S.C. 151 et seq.) is 

9 amended— 

10 (A) in section 223(h) (47 U.S.C. 223(h)), 

11 by striking paragraph (2) and inserting the fol12 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 5020 IS

1 ‘‘(2) The term ‘interactive computer service’ 

2 means any information service, system, or access 

3 software provider that provides or enables computer 

4 access by multiple users to a computer server, in5 cluding specifically a service or system that provides 

6 access to the Internet and such systems operated or 

7 services offered by libraries or educational institu8 tions.’’; and 

9 (B) in section 231(b)(4) (47 U.S.C. 

10 231(b)(4)), by striking ‘‘or section 230’’. 

11 (2) TRADEMARK ACT OF 1946.—Section 45 of 

12 the Act entitled ‘‘An Act to provide for the registra13 tion and protection of trademarks used in commerce, 

14 to carry out the provisions of certain international 

15 conventions, and for other purposes’’, approved July 

16 5, 1946 (commonly known as the ‘‘Trademark Act 

17 of 1946’’) (15 U.S.C. 1127) is amended by striking 

18 the definition relating to the term ‘‘Internet’’ and in19 serting the following: 

20 ‘‘The term ‘Internet’ means the international com21 puter network of both Federal and non-Federal interoper22 able packet switched data networks.’’. 

23 (3) TITLE 17, UNITED STATES CODE.—Section 

24 1401 of title 17, United States Code, is amended by 

25 striking subsection (g). 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 5020 IS

1 (4) TITLE 18, UNITED STATES CODE.—Part I of 

2 title 18, United States Code, is amended— 

3 (A) in section 2257(h)(2)(B)(v), by strik4 ing ‘‘, except that deletion of a particular com5 munication or material made by another person 

6 in a manner consistent with section 230(c) of 

7 the Communications Act of 1934 (47 U.S.C. 

8 230(c)) shall not constitute such selection or al9 teration of the content of the communication’’; 

10 and 

11 (B) in section 2421A— 

12 (i) in subsection (a), by striking ‘‘(as 

13 such term is defined in defined in section 

14 230(f) the Communications Act of 1934 

15 (47 U.S.C. 230(f)))’’ and inserting ‘‘(as 

16 that term is defined in section 223 of the 

17 Communications Act of 1934 (47 U.S.C. 

18 223))’’; and 

19 (ii) in subsection (b), by striking ‘‘(as 

20 such term is defined in defined in section 

21 230(f) the Communications Act of 1934 

22 (47 U.S.C. 230(f)))’’ and inserting ‘‘(as 

23 that term is defined in section 223 of the 

24 Communications Act of 1934 (47 U.S.C. 

25 223))’’. 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 5020 IS

1 (5) CONTROLLED SUBSTANCES ACT.—Section 

2 401(h)(3)(A)(iii)(II) of the Controlled Substances 

3 Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is amended by 

4 striking ‘‘, except that deletion of a particular com5 munication or material made by another person in 

6 a manner consistent with section 230(c) of the Com7 munications Act of 1934 shall not constitute such 

8 selection or alteration of the content of the commu9 nication’’. 

10 (6) WEBB-KENYON ACT.—Section 3(b)(1) of 

11 the Act entitled ‘‘An Act divesting intoxicating liq12 uors of their interstate character in certain cases’’, 

13 approved March 1, 1913 (commonly known as the 

14 ‘‘Webb-Kenyon Act’’) (27 U.S.C. 122b(b)(1)) is 

15 amended by striking ‘‘(as defined in section 230(f) 

16 of the Communications Act of 1934 (47 U.S.C. 

17 230(f))’’ and inserting ‘‘(as defined in section 223 of 

18 the Communications Act of 1934 (47 U.S.C. 223))’’. 

19 (7) TITLE 28, UNITED STATES CODE.—Section 

20 4102 of title 28, United States Code, is amended— 

21 (A) by striking subsection (c); and 

22 (B) in subsection (e)— 

23 (i) by striking ‘‘construed to’’ and all 

24 that follows through ‘‘affect’’ and inserting 

25 ‘‘construed to affect’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 5020 IS

1 (ii) by striking ‘‘defamation; or’’ and 

2 all that follows and inserting ‘‘defama3 tion.’’. 

4 (8) TITLE 31, UNITED STATES CODE.—Section 

5 5362(6) of title 31, United States Code, is amended 

6 by striking ‘‘section 230(f) of the Communications 

7 Act of 1934 (47 U.S.C. 230(f))’’ and inserting ‘‘sec8 tion 223 of the Communications Act of 1934 (47 

9 U.S.C. 223)’’. 

10 (9) NATIONAL TELECOMMUNICATIONS AND IN11 FORMATION ADMINISTRATION ORGANIZATION ACT.— 

12 Section 157 of the National Telecommunications 

13 and Information Administration Organization Act 

14 (47 U.S.C. 941) is amended— 

15 (A) by striking subsection (e); and 

16 (B) by redesignating subsections (f) 

17 through (j) as subsections (e) through (i), re18 spectively. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on January 1, 2023. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS