I 
116TH CONGRESS 
2D SESSION 
H. R. 8922 
To amend the Communications Act of 1934 to limit interactive computer 
service immunity. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2020 
Ms. GABBARD (for herself and Mr. GOSAR) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Communications Act of 1934 to limit 
interactive computer service immunity. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Break Up Big Tech 
Act of 2020’’. 
SEC. 2. LIMITATION ON INTERACTIVE COMPUTER SERVICE 
IMMUNITY. 
Section 230(c) of the Communications Act of 1934 
(47 U.S.C. 230(c)) is amended by adding at the end the 
following: 
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‘‘(3) LIMITATION.—After the date of the enact-
ment of this paragraph, paragraphs (1) and (2) 
shall not apply to a provider of an interactive com-
puter service with respect to a service if the provider 
after such date— 
‘‘(A)(i) sells advertising in which an adver-
tisement is displayed to a user of such service 
based on— 
‘‘(I) personal traits of the user; 
‘‘(II) previous location information 
with respect to the user; 
‘‘(III) personal information from a 
profile about the user that is created for 
the purpose of selling advertisements; 
‘‘(IV) the previous online or offline be-
havior of the user; 
‘‘(V) the content of the website, online 
service, online application, or mobile appli-
cation to which the user is connected; 
‘‘(VI) the location of the user, as of 
the time at which the advertising is di-
rected to the user; or 
‘‘(VII) the search terms that the user 
applied to arrive at the website, service, or 
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application to which the user is connected; 
and 
‘‘(ii) displays an advertisement in a man-
ner described under clause (i) to a user who did 
not opt-in to having an advertisement displayed 
to such user in such a manner; 
‘‘(B) through such service, places items, or 
facilitates the placement of items, into the 
stream of commerce; 
‘‘(C) through such service, collects data for 
commercial purposes other than receiving from 
users of such service direct payment for the use 
of such service; or 
‘‘(D) uses a design or product that addicts, 
or whose purpose is to addict, users to such 
service. 
‘‘(4) EXCEPTION.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), an owner or operator of a social 
media service that displays user-generated con-
tent in an order other than chronological order, 
delays the display of such content relative to 
other content, or otherwise hinders the display 
of such content relative to other content, if for 
a reason other than to restrict access to or 
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availability of material described in paragraph 
(2)(A) or to carry out the direction of the user 
that generated or requested such content or 
generated or requested restricted access to such 
content, shall be treated as a publisher or 
speaker of such content. 
‘‘(B) DEFINITIONS.—In this paragraph— 
‘‘(i) SOCIAL
MEDIA
SERVICE.—The 
term ‘social media service’ means any 
interactive computer service provided over 
the Internet that connects users for the 
purpose of such users engaging in dia-
logue, sharing information, collaborating, 
or otherwise interacting. 
‘‘(ii) USER-GENERATED
CONTENT.— 
The term ‘user-generated content’ means 
content that is supplied on a social media 
service by an information content provider 
who is a user of such service.’’. 
Æ 
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