Civil Rights Modernization Act of 2021
Bill: H.R.3184 | Sponsor: Rep. Clarke, Yvette D. (D-NY)
Policy area: Science, Technology, Communications

Summary:
Civil Rights Modernization Act of 2021
This bill specifies that the federal liability protection that a provider of an interactive computer service (e.g., a social media company) receives for content provided by third parties does not apply to certain advertisements that target users who are part of a protected class or have a protected status.
Specifically, the liability protection shall not apply to investigations, claims, or charges arising under civil rights laws if the provider (1) receives consideration (e.g., money) for publishing or delivering an advertisement; and (2) uses an algorithm, software application, or other information technology to target the advertisement to a user who is part of a protected class or has a protected status.

To amend section 230 of the Communications Act of 1934 to clarify that 
  such section has no effect on civil rights laws with respect to the 
      targeting of covered advertisements, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Modernization Act of 
2021''.

SEC. 2. NO EFFECT ON CIVIL RIGHTS LAWS WITH RESPECT TO TARGETING OF 
              COVERED ADVERTISEMENTS.

    (a) In General.--Section 230(e) of the Communications Act of 1934 
(47 U.S.C. 230(e)) is amended by adding at the end the following:
            ``(6) No effect on civil rights laws with respect to 
        targeting of covered advertisements.--Nothing in this section 
        shall be construed to impair or limit, with respect to the 
        targeting of a covered advertisement by a provider of an 
        interactive computer service--
                    ``(A) an investigation under, or the enforcement 
                of, any civil rights law;
                    ``(B) any claim in an administrative or civil 
                action arising under any civil rights law; or
                    ``(C) any charge in a criminal prosecution for a 
                violation of any civil rights law.''.
    (b) Definitions.--Section 230(f) of the Communications Act of 1934 
(47 U.S.C. 230(f)) is amended by adding at the end the following:
            ``(5) Civil rights law.--The term `civil rights law' 
        means--
                    ``(A) any Federal, State, or local law, any part of 
                which prohibits discrimination or other adverse action 
                on the basis of a protected class or status;
                    ``(B) any other Federal law that is administered or 
                enforced, in whole or in part, by the Civil Rights 
                Division of the Department of Justice; or
                    ``(C) any Federal, State, or local law that 
                prohibits the dissemination of false or misleading 
                information intended, with respect to an election for 
                public office, to prevent voters from casting their 
                ballots or to prevent voters from voting for the 
                candidate of their choice.
            ``(6) Targeting.--The term `targeting' means the use by a 
        provider of an interactive computer service of any information 
        technology, including an algorithm or a software application, 
        to deliver or show a covered advertisement to any particular 
        subset of users who are part of or have a protected class or 
        status.
            ``(7) Covered advertisement.--The term `covered 
        advertisement' means an advertisement for the delivery or 
        publishing of which a provider of an interactive computer 
        service receives any consideration (monetary or otherwise) 
        directly from the advertiser.
            ``(8) Protected class or status.--The term `protected class 
        or status' means actual or perceived race, color, ethnicity, 
        religion, national origin, sex (including sexual orientation 
        and gender identity), age, disability, familial status, 
        pregnancy, genetic information, or citizenship or immigration 
        status.
            ``(9) Genetic information.--The term `genetic information' 
        has the meaning given such term in section 201 of the Genetic 
        Information Nondiscrimination Act of 2008 (42 U.S.C. 
        2000ff).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to the targeting of a covered advertisement that 
occurs on or after the date of the enactment of this Act.
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