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 inter-
active computer services under such section, and for 
other purposes. 
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 ‘‘Curbing Abuse and 
Saving Expression In Technology Act’’ or the ‘‘CASE-IT 
Act’’. 
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SEC. 2. LIMITATION OF SECTION 230 IMMUNITY. 
(a) IN GENERAL.—Section 230(c) of the Communica-
tions Act of 1934 (47 U.S.C. 230(c)) is amended by add-
ing at the end the following: 
‘‘(3) EXCEPTIONS
RELATING
TO
ILLEGAL, 
EXPLOITIVE, OR HARMFUL CONTENT.— 
‘‘(A) IN GENERAL.—During a period de-
scribed in subparagraph (D), paragraph (1) 
shall not apply to a provider or user of an inter-
active computer service that creates, develops, 
posts, materially contributes to, or induces an-
other person to create, develop, post, or materi-
ally contribute to illegal online content. 
‘‘(B) CERTAIN CONTACT BETWEEN ADULT 
AND MINOR.—During a period described in sub-
paragraph (D), paragraph (1) shall not apply to 
a provider of an interactive computer service 
that knowingly permits or facilitates an adult 
having contact through an interactive computer 
service of such provider with an individual that 
such adult knows or believes to be a minor, if 
such contact involves any matter containing ex-
plicit verbal descriptions or narrative accounts 
of sexually explicit nudity, sexual conduct, sex-
ual excitement, or sadomasochistic abuse that is 
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intended to arouse or satisfy the sexual desire 
of either such adult or such minor. 
‘‘(C) CONTENT
THAT
IS
INDECENT, OB-
SCENE, 
OR
OTHERWISE
HARMFUL
TO
MI-
NORS.—During a period described in subpara-
graph (D), paragraph (1) shall not apply to a 
provider or user of an interactive computer 
service that permits or facilitates the distribu-
tion of content that— 
‘‘(i) is indecent, obscene, or otherwise 
harmful to minors; and 
‘‘(ii) is made readily accessible to mi-
nors by the failure of such provider or user 
to implement a system designed to effec-
tively screen users who are minors from 
accessing such content, to the extent fea-
sible using technology available at the time 
of such distribution. 
‘‘(D) PERIOD
OF
LOSS
OF
IMMUNITY.— 
For purposes of subparagraph (A), (B), or (C), 
a period described in this subparagraph is— 
‘‘(i) any 1-year period beginning on 
the date on which the provider engages in 
conduct described in such subparagraph; 
or 
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‘‘(ii) in the case of such conduct that 
continues for more than 1 day, any 1-year 
period beginning on the date on which the 
provider ceases such conduct. 
‘‘(E) 
RULE
OF
CONSTRUCTION.—This 
paragraph shall be broadly construed to ad-
vance the purposes of this section for the de-
ployment of new technologies and policies to 
block or filter offensive content such as inde-
cency, obscenity, pornography, or sexually ex-
plicit content so as to prevent any such content 
from being readily accessible to minors. 
‘‘(4) EXCEPTION FOR STIFLING FREE EXPRES-
SION.— 
‘‘(A) IN GENERAL.—Paragraphs (1) and 
(2)(A) shall not apply to a provider of an inter-
active computer service that is in the business 
or practice of communicating user-generated 
content during any period during which such 
provider— 
‘‘(i) is dominant in its market; and 
‘‘(ii) makes content moderation deci-
sions pursuant to policies or practices that 
are not reasonably consistent with the 
First Amendment to the Constitution. 
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‘‘(B) 
RULE
OF
CONSTRUCTION.—This 
paragraph shall be broadly construed to ad-
vance the purposes of this section in encour-
aging the growth of the internet as a forum for 
a true diversity of discourse, unique opportuni-
ties for cultural development, and myriad ave-
nues for intellectual activity, where lawful polit-
ical, religious, cultural, social, scientific, and 
other online content can flourish without dis-
crimination based on viewpoint. 
‘‘(5) PRIVATE RIGHT OF ACTION.— 
‘‘(A) IN GENERAL.—If a provider of an 
interactive computer service that is dominant in 
its market bans, blocks, down-ranks, demone-
tizes in its advertising, or otherwise subjects to 
similar adverse treatment the content of any in-
formation content provider that uses an inter-
active computer service of such dominant pro-
vider by reason of the failure of such dominant 
provider to make content moderation decisions 
pursuant to policies or practices that are rea-
sonably consistent with the First Amendment to 
the Constitution, such information content pro-
vider may bring a civil action in an appropriate 
State court or an appropriate district court of 
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the United States against such dominant pro-
vider to obtain the relief described in subpara-
graph (B). 
‘‘(B) RELIEF.— 
‘‘(i) IN
GENERAL.—An information 
content provider that prevails in a civil ac-
tion under subparagraph (A) may obtain 
the following relief: 
‘‘(I) The greater of— 
‘‘(aa) 
compensatory 
dam-
ages, including both personal and 
business economic loss; or 
‘‘(bb) liquidated damages in 
the amount of $500,000 for each 
incident of adverse treatment de-
scribed in subparagraph (A). 
‘‘(II) Punitive damages, in the 
case of a reckless failure of the pro-
vider of the interactive computer serv-
ice to make content moderation deci-
sions pursuant to policies or practices 
that are reasonably consistent with 
the First Amendment to the Constitu-
tion. 
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‘‘(ii) TREBLE DAMAGES.—In the case 
of a willful or knowing failure of the pro-
vider of the interactive computer service to 
make content moderation decisions pursu-
ant to policies or practices that are reason-
ably consistent with the First Amendment 
to the Constitution, the information con-
tent provider may obtain, instead of the 
amount determined under clause (i)(I), 
three times such amount. 
‘‘(6) 
CERTIFICATION
REGARDING
MARKET 
DOMINANCE AND CONTENT MODERATION POLICIES 
AND PRACTICES.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of the enactment of this 
paragraph, the Federal Trade Commission and 
the Attorney General shall promulgate regula-
tions to establish a process under which a pro-
vider of an interactive computer service with 
net assets or annual net revenue exceeding 
$500,000,000 may apply for a review and cer-
tification by the Federal Trade Commission, 
acting with the concurrence of the Attorney 
General— 
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‘‘(i) that such provider is not domi-
nant in its market; or 
‘‘(ii) if such provider is determined to 
be dominant in its market under clause (i), 
that the policies and practices of such 
dominant provider relating to content mod-
eration, as applied to information content 
providers using the interactive computer 
service or interactive computer services of 
such dominant provider, are reasonably 
consistent with the First Amendment to 
the Constitution. 
‘‘(B) EFFECT OF CERTIFICATION.—A cer-
tification under subparagraph (A) may, in the 
discretion of the trial court, be admissible in 
any civil action or criminal prosecution in which 
it is asserted that paragraph (4) applies to the 
provider to which such certification relates, or 
in any civil action brought under paragraph (5) 
against such provider, but such certification 
shall not be determinative on the issues de-
scribed in clauses (i) and (ii) of such subpara-
graph.’’. 
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(b) DEFINITIONS.—Section 230(f) of the Commu-
nications Act of 1934 (47 U.S.C. 230(f)) is amended by 
adding at the end the following: 
‘‘(5) DOMINANT
IN
ITS
MARKET.—The term 
‘dominant in its market’ means, with respect to a 
provider of an interactive computer service, that 
such provider has gained substantial, sustained mar-
ket power over any competitors. Actual monopoly 
control over a market is not required to satisfy the 
preceding sentence. 
‘‘(6) REASONABLY
CONSISTENT
WITH
THE 
FIRST
AMENDMENT
TO
THE
CONSTITUTION.—The 
term ‘reasonably consistent with the First Amend-
ment to the Constitution’ means, with respect to the 
policies and practices of a provider of an interactive 
computer service relating to content moderation, 
that such provider conforms such policies and prac-
tices to established law under the First Amendment 
to the Constitution applicable to state actors, re-
gardless of whether or not such provider is a state 
actor, to the extent feasible taking into consideration 
the developing capabilities and complexities of tech-
nology and the unique characteristics of online com-
munication platforms. 
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‘‘(7) MINOR.—The term ‘minor’ means an indi-
vidual who is under 18 years of age. 
‘‘(8) HARMFUL TO MINORS.—The term ‘harm-
ful to minors’ means, with respect to content, that 
such content contains a description or representation 
of nudity, sexual conduct, sexual excitement, or 
sadomasochistic abuse that— 
‘‘(A) predominantly appeals to the pru-
rient, shameful, or morbid interest of minors; 
‘‘(B) is patently offensive to prevailing 
standards in the adult community with respect 
to what is suitable material for minors; and 
‘‘(C) is utterly without redeeming social 
importance for minors. 
‘‘(9) ADULT.—The term ‘adult’ means an indi-
vidual who is 18 years of age or older.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to conduct by a pro-
vider of an interactive computer service (as defined in sec-
tion 230(f) of the Communications Act of 1934 (47 U.S.C. 
230(f))) that occurs after the date of the enactment of 
this Act. 
Æ 
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