Title: Ending Support for Internet Censorship Act
Policy area: Science, Technology, Communications

Summary:
Ending Support for Internet Censorship Act
This bill prohibits a large social media company from moderating information on its platform from a politically biased standpoint.
Under current law, a social media company is generally immune from liability with respect to content posted on its platform by users and other content providers. However, the bill removes this statutory immunity unless the social media company obtains certification from the Federal Trade Commission that it does not moderate information on its platform in a manner that is biased against a political party, candidate, or viewpoint.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1914 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1914

   To amend the Communications Decency Act to encourage providers of 
  interactive computer services to provide content moderation that is 
                          politically neutral.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2019

  Mr. Hawley introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Decency Act to encourage providers of 
  interactive computer services to provide content moderation that is 
                          politically neutral.

    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 ``Ending Support for Internet 
Censorship Act''.

SEC. 2. POLITICAL NEUTRALITY IN CONTENT MODERATION.

    (a) In General.--Section 230 of the Communications Act of 1934 (47 
U.S.C. 230) is amended--
            (1) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) Requirement of politically unbiased content 
        moderation by covered companies.--
                    ``(A) In general.--Paragraphs (1) and (2) shall not 
                apply in the case of a covered company unless the 
                company has in effect an immunity certification from 
                the Federal Trade Commission (referred to in this 
                paragraph as the `Commission') under subparagraph (B) 
                that the company does not moderate information provided 
                by other information content providers in a manner that 
                is biased against a political party, political 
                candidate, or political viewpoint.
                    ``(B) Federal trade commission immunity 
                certification.--
                            ``(i) In general.--The Commission shall 
                        certify any provider of an interactive computer 
                        service that--
                                    ``(I) is a covered company or 
                                anticipates that it will become a 
                                covered company within the next 2 
                                years;
                                    ``(II) applies to the Commission 
                                for a certification under this 
                                subparagraph; and
                                    ``(III) proves to the Commission by 
                                clear and convincing evidence that the 
                                provider does not (and, during the 2-
                                year period preceding the date on which 
                                the provider submits the application 
                                for certification, did not) moderate 
                                information provided by other 
                                information content providers in a 
                                politically biased manner.
                            ``(ii) Politically biased moderation.--The 
                        moderation practices of a provider of an 
                        interactive computer service are politically 
                        biased if--
                                    ``(I) the provider moderates 
                                information provided by other 
                                information content providers in a 
                                manner that--
                                            ``(aa) is designed to 
                                        negatively affect a political 
                                        party, political candidate, or 
                                        political viewpoint; or
                                            ``(bb) disproportionately 
                                        restricts or promotes access 
                                        to, or the availability of, 
                                        information from a political 
                                        party, political candidate, or 
                                        political viewpoint; or
                                    ``(II) an officer or employee of 
                                the provider makes a decision about 
                                moderating information provided by 
                                other information content providers 
                                that is motivated by an intent to 
                                negatively affect a political party, 
                                political candidate, or political 
                                viewpoint.
                            ``(iii) Exceptions.--
                                    ``(I) Business necessity.--An 
                                action of a provider of an interactive 
                                computer service that 
                                disproportionately restricts access to, 
                                or the availability of, information 
                                from a political party, political 
                                candidate, or political viewpoint shall 
                                not be considered to be a politically 
                                biased moderation practice if the 
                                action is necessary for business or the 
                                information involved is not speech that 
                                would be protected under the First 
                                Amendment of the United States 
                                Constitution, there is no available 
                                alternative that has a less 
                                disproportionate effect, and the 
                                provider does not act with the intent 
                                to discriminate based on political 
                                affiliation, political party, or 
                                political viewpoint.
                                    ``(II) Actions by employees.--A 
                                provider of an interactive computer 
                                service shall not be denied a 
                                certification under this subparagraph 
                                on the basis of an employee of the 
                                provider acting in the manner described 
                                in clause (ii)(II) in making a decision 
                                about moderating information provided 
                                by other information content providers 
                                if the provider, immediately upon 
                                learning of the actions of the 
                                employee--
                                            ``(aa) publicly discloses 
                                        in a conspicuous manner that an 
                                        employee of the provider acted 
                                        in a politically biased manner 
                                        with respect to moderating 
                                        information content; and
                                            ``(bb) terminates or 
                                        otherwise disciplines the 
                                        employee.
                            ``(iv) Certification process.--
                                    ``(I) Approval.--The Commission 
                                shall not certify a provider of an 
                                interactive computer service under this 
                                subparagraph unless at least one more 
                                than a majority of the Commissioners 
                                approve such certification.
                                    ``(II) Timeline.--The Commission 
                                shall ensure that timely applications 
                                for certification under this 
                                subparagraph are processed within 6 
                                months.
                                    ``(III) Publication of dissenting 
                                opinions.--The Commission shall make 
                                publicly available the dissenting 
                                opinion of any Commissioner who 
                                disagrees with a decision of the 
                                Commission to certify, or deny 
                                certification to, a provider of an 
                                interactive computer service.
                                    ``(IV) Public input.--The 
                                Commission shall establish a process to 
                                allow information content providers 
                                to--
                                            ``(aa) submit complaints or 
                                        evidence that they have been 
                                        subject to politically biased 
                                        content moderation by a 
                                        provider of an interactive 
                                        computer service; and
                                            ``(bb) attend or 
                                        participate in any hearings 
                                        that the Commission holds with 
                                        respect to an application for 
                                        certification from a provider.
                                    ``(V) Renewals.--An application to 
                                renew a certification shall be treated 
                                in the same manner as an application 
                                for a new certification.
                    ``(C) Duration of certification.--
                            ``(i) In general.--Subject to clause (ii), 
                        a certification obtained under subparagraph (B) 
                        shall remain in effect with respect to a 
                        provider of an interactive computer service for 
                        a period of 2 years, and may subsequently be 
                        renewed for additional 2-year periods.
                            ``(ii) Extension for processing a 
                        subsequent application.--If a provider of an 
                        interactive computer service submits an 
                        application to renew a certification under 
                        subparagraph (B) while such certification is 
                        still in effect, such certification shall 
                        remain in effect while the Commission processes 
                        such application, but in no case shall a 
                        certification remain in effect for more than 30 
                        months without being renewed.
                    ``(D) Costs.--
                            ``(i) In general.--The Commission shall 
                        charge a fee in connection with an application 
                        from a provider of an interactive computer 
                        service for a certification (or a renewal of a 
                        certification) under subparagraph (B).
                            ``(ii) Limitation.--The amount of any fee 
                        imposed under clause (i) with respect to an 
                        application shall not exceed the costs to the 
                        Commission in processing such application.''; 
                        and
            (2) in subsection (f), by adding at the end the following 
        new paragraphs:
            ``(5) Covered company.--The term `covered company' means a 
        provider of an interactive computer service (other than an 
        organization described in section 501(c) of the Internal 
        Revenue Code of 1986 which is exempt from taxation under 
        section 501(a) of such Code) that, at any time during the most 
        recent 12-month period--
                    ``(A) had more than 30,000,000 active monthly users 
                in the United States;
                    ``(B) had more than 300,000,000 active monthly 
                users worldwide; or
                    ``(C) had more than $500,000,000 in global annual 
                revenue.
            ``(6) Moderate.--
                    ``(A) In general.--The term `moderate' means--
                            ``(i) to influence if, when, where, or how 
                        information or other content provided by a 
                        third-party user appears on a covered company's 
                        interactive computer service; or
                            ``(ii) to alter the information or other 
                        content provided by a third-party user that 
                        appears on a covered company's interactive 
                        computer service.
                    ``(B) Algorithms.--Such term shall include actions 
                taken through an algorithm or other automated process.
            ``(7) Business necessity.--The term `necessary for 
        business' refers to a lawful act that advances the growth, 
        development, or profitability of a company but does not include 
        any action designed to appeal to, or gain favor from, persons 
        or groups because of their political beliefs, political party 
        membership, or support for political candidates.''.
    (b) Technical Amendment.--Section 230(c)(2)(B) of the 
Communications Act of 1934 (47 U.S.C. 230(c)(2)(B)) is amended by 
striking ``paragraph (1)'' and inserting ``subparagraph (A)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 18 months after the date of enactment 
of this Act.

SEC. 3. AUTHORITIES AND DUTIES OF THE FEDERAL TRADE COMMISSION.

    (a) In General.--The Federal Trade Commission (referred to in this 
section as the ``Commission'') is authorized to do the following:
            (1) Staffing.--To hire sufficient staff (whether on a part-
        time, full-time, or contract basis) to process applications 
        under paragraph (3) of section 230(c) of the Communications Act 
        of 1934 (47 U.S.C. 230(c)), as added by section 2(a).
            (2) Applications processes.--To establish processes to 
        certify covered companies under paragraph (3) of such section 
        230(c) of the Communications Act of 1934 (including setting 
        rates for application fees and setting application deadlines).
    (b) Rulemaking Authority.--Not later than 180 days after the date 
of enactment of this Act, the Commission shall promulgate regulations, 
in accordance with section 553 of title 5, United States Code, to carry 
out this section and the amendments made by section 2(a).
    (c) Reports.--Not later than 5 years after the date of enactment of 
this Act, and every 5 years thereafter, the Commission shall submit a 
report to Congress on whether the ability of interactive computer 
services (as such term is defined in section 230(f) of the 
Communications Act of 1934 (47 U.S.C. 230(f))) to moderate content 
provided by other information content providers is such that the 
protection provided by section 230(c) of such Act is no longer 
necessary or should be modified.
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