I 

116TH CONGRESS 

2D SESSION H. R. 8719 

To amend section 230 of the Communications Act of 1934 to limit the 

immunity of providers and users of interactive computer services under 

such section, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2020 

Mr. STEUBE introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend section 230 of the Communications Act of 1934 

to limit the immunity of providers and users of interactive computer services under such section, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Curbing Abuse and 

5 Saving Expression In Technology Act’’ or the ‘‘CASE-IT 

6 Act’’. 


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1 SEC. 2. LIMITATION OF SECTION 230 IMMUNITY. 

2 (a) IN GENERAL.—Section 230(c) of the Communica3 tions Act of 1934 (47 U.S.C. 230(c)) is amended by add4 ing at the end the following: 

5 ‘‘(3) EXCEPTIONS RELATING TO ILLEGAL, 

6 EXPLOITIVE, OR HARMFUL CONTENT.— 

7 ‘‘(A) IN GENERAL.—During a period de8 scribed in subparagraph (D), paragraph (1) 

9 shall not apply to a provider or user of an inter10 active computer service that creates, develops, 

11 posts, materially contributes to, or induces an12 other person to create, develop, post, or materi13 ally contribute to illegal online content. 

14 ‘‘(B) CERTAIN CONTACT BETWEEN ADULT

15 AND MINOR.—During a period described in sub16 paragraph (D), paragraph (1) shall not apply to 

17 a provider of an interactive computer service 

18 that knowingly permits or facilitates an adult 

19 having contact through an interactive computer 

20 service of such provider with an individual that 

21 such adult knows or believes to be a minor, if 

22 such contact involves any matter containing ex23 plicit verbal descriptions or narrative accounts 

24 of sexually explicit nudity, sexual conduct, sex25 ual excitement, or sadomasochistic abuse that is 


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1 intended to arouse or satisfy the sexual desire 

2 of either such adult or such minor. 

3 ‘‘(C) CONTENT THAT IS INDECENT, OB4 SCENE, OR OTHERWISE HARMFUL TO MI5 NORS.—During a period described in subpara6 graph (D), paragraph (1) shall not apply to a 

7 provider or user of an interactive computer 

8 service that permits or facilitates the distribu9 tion of content that— 

10 ‘‘(i) is indecent, obscene, or otherwise 

11 harmful to minors; and 

12 ‘‘(ii) is made readily accessible to mi13 nors by the failure of such provider or user 

14 to implement a system designed to effec15 tively screen users who are minors from 

16 accessing such content, to the extent fea17 sible using technology available at the time 

18 of such distribution. 

19 ‘‘(D) PERIOD OF LOSS OF IMMUNITY.— 

20 For purposes of subparagraph (A), (B), or (C), 

21 a period described in this subparagraph is— 

22 ‘‘(i) any 1-year period beginning on 

23 the date on which the provider engages in 

24 conduct described in such subparagraph; 

25 or 


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1 ‘‘(ii) in the case of such conduct that 

2 continues for more than 1 day, any 1-year 

3 period beginning on the date on which the 

4 provider ceases such conduct. 

5 ‘‘(E) RULE OF CONSTRUCTION.—This 

6 paragraph shall be broadly construed to ad7 vance the purposes of this section for the de8 ployment of new technologies and policies to 

9 block or filter offensive content such as inde10 cency, obscenity, pornography, or sexually ex11 plicit content so as to prevent any such content 

12 from being readily accessible to minors. 

13 ‘‘(4) EXCEPTION FOR STIFLING FREE EXPRES14 SION.— 

15 ‘‘(A) IN GENERAL.—Paragraphs (1) and 

16 (2)(A) shall not apply to a provider of an inter17 active computer service that is in the business 

18 or practice of communicating user-generated 

19 content during any period during which such 

20 provider— 

21 ‘‘(i) is dominant in its market; and 

22 ‘‘(ii) makes content moderation deci23 sions pursuant to policies or practices that 

24 are not reasonably consistent with the 

25 First Amendment to the Constitution. 


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1 ‘‘(B) RULE OF CONSTRUCTION.—This 

2 paragraph shall be broadly construed to ad3 vance the purposes of this section in encour4 aging the growth of the internet as a forum for 

5 a true diversity of discourse, unique opportuni6 ties for cultural development, and myriad ave7 nues for intellectual activity, where lawful polit8 ical, religious, cultural, social, scientific, and 

9 other online content can flourish without dis10 crimination based on viewpoint. 

11 ‘‘(5) PRIVATE RIGHT OF ACTION.— 

12 ‘‘(A) IN GENERAL.—If a provider of an 

13 interactive computer service that is dominant in 

14 its market bans, blocks, down-ranks, demone15 tizes in its advertising, or otherwise subjects to 

16 similar adverse treatment the content of any in17 formation content provider that uses an inter18 active computer service of such dominant pro19 vider by reason of the failure of such dominant 

20 provider to make content moderation decisions 

21 pursuant to policies or practices that are rea22 sonably consistent with the First Amendment to 

23 the Constitution, such information content pro24 vider may bring a civil action in an appropriate 

25 State court or an appropriate district court of 


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1 the United States against such dominant pro2 vider to obtain the relief described in subpara3 graph (B). 

4 ‘‘(B) RELIEF.— 

5 ‘‘(i) IN GENERAL.—An information 

6 content provider that prevails in a civil ac7 tion under subparagraph (A) may obtain 

8 the following relief: 

9 ‘‘(I) The greater of— 

10 ‘‘(aa) compensatory dam11 ages, including both personal and 

12 business economic loss; or 

13 ‘‘(bb) liquidated damages in 

14 the amount of $500,000 for each 

15 incident of adverse treatment de16 scribed in subparagraph (A). 

17 ‘‘(II) Punitive damages, in the 

18 case of a reckless failure of the pro19 vider of the interactive computer serv20 ice to make content moderation deci21 sions pursuant to policies or practices 

22 that are reasonably consistent with 

23 the First Amendment to the Constitu24 tion. 


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1 ‘‘(ii) TREBLE DAMAGES.—In the case 

2 of a willful or knowing failure of the pro3 vider of the interactive computer service to 

4 make content moderation decisions pursu5 ant to policies or practices that are reason6 ably consistent with the First Amendment 

7 to the Constitution, the information con8 tent provider may obtain, instead of the 

9 amount determined under clause (i)(I), 

10 three times such amount. 

11 ‘‘(6) CERTIFICATION REGARDING MARKET

12 DOMINANCE AND CONTENT MODERATION POLICIES

13 AND PRACTICES.— 

14 ‘‘(A) IN GENERAL.—Not later than 120 

15 days after the date of the enactment of this 

16 paragraph, the Federal Trade Commission and 

17 the Attorney General shall promulgate regula18 tions to establish a process under which a pro19 vider of an interactive computer service with 

20 net assets or annual net revenue exceeding 

21 $500,000,000 may apply for a review and cer22 tification by the Federal Trade Commission, 

23 acting with the concurrence of the Attorney 

24 General— 


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1 ‘‘(i) that such provider is not domi2 nant in its market; or 

3 ‘‘(ii) if such provider is determined to 

4 be dominant in its market under clause (i), 

5 that the policies and practices of such 

6 dominant provider relating to content mod7 eration, as applied to information content 

8 providers using the interactive computer 

9 service or interactive computer services of 

10 such dominant provider, are reasonably 

11 consistent with the First Amendment to 

12 the Constitution. 

13 ‘‘(B) EFFECT OF CERTIFICATION.—A cer14 tification under subparagraph (A) may, in the 

15 discretion of the trial court, be admissible in 

16 any civil action or criminal prosecution in which 

17 it is asserted that paragraph (4) applies to the 

18 provider to which such certification relates, or 

19 in any civil action brought under paragraph (5) 

20 against such provider, but such certification 

21 shall not be determinative on the issues de22 scribed in clauses (i) and (ii) of such subpara23 graph.’’. 


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1 (b) DEFINITIONS.—Section 230(f) of the Commu2 nications Act of 1934 (47 U.S.C. 230(f)) is amended by 

3 adding at the end the following: 

4 ‘‘(5) DOMINANT IN ITS MARKET.—The term 

5 ‘dominant in its market’ means, with respect to a 

6 provider of an interactive computer service, that 

7 such provider has gained substantial, sustained mar8 ket power over any competitors. Actual monopoly 

9 control over a market is not required to satisfy the 

10 preceding sentence. 

11 ‘‘(6) REASONABLY CONSISTENT WITH THE

12 FIRST AMENDMENT TO THE CONSTITUTION.—The 

13 term ‘reasonably consistent with the First Amend14 ment to the Constitution’ means, with respect to the 

15 policies and practices of a provider of an interactive 

16 computer service relating to content moderation, 

17 that such provider conforms such policies and prac18 tices to established law under the First Amendment 

19 to the Constitution applicable to state actors, re20 gardless of whether or not such provider is a state 

21 actor, to the extent feasible taking into consideration 

22 the developing capabilities and complexities of tech23 nology and the unique characteristics of online com24 munication platforms. 


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1 ‘‘(7) MINOR.—The term ‘minor’ means an indi2 vidual who is under 18 years of age. 

3 ‘‘(8) HARMFUL TO MINORS.—The term ‘harm4 ful to minors’ means, with respect to content, that 

5 such content contains a description or representation 

6 of nudity, sexual conduct, sexual excitement, or 

7 sadomasochistic abuse that— 

8 ‘‘(A) predominantly appeals to the pru9 rient, shameful, or morbid interest of minors; 

10 ‘‘(B) is patently offensive to prevailing 

11 standards in the adult community with respect 

12 to what is suitable material for minors; and 

13 ‘‘(C) is utterly without redeeming social 

14 importance for minors. 

15 ‘‘(9) ADULT.—The term ‘adult’ means an indi16 vidual who is 18 years of age or older.’’. 

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

18 this section shall apply with respect to conduct by a pro19 vider of an interactive computer service (as defined in sec20 tion 230(f) of the Communications Act of 1934 (47 U.S.C. 

21 230(f))) that occurs after the date of the enactment of 

22 this Act. 

Æ 


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