Civil Rights Modernization Act of 2021

Bill: 117-hr-3184
Sponsor: full_name: Rep. Clarke, Yvette D. [D-NY-9]
Introduced: 2021-05-13
Policy area: Science, Technology, Communications
Latest action: action_date: 2021-05-14
text: Referred to the Subcommittee on Communications and Technology.

Summaries:
action_date: 2021-05-13
action_desc: Introduced in House
text: <p><strong>Civil Rights Modernization Act of 2021</strong></p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 3184 IN THE HOUSE OF REPRESENTATIVES May 13, 2021 Ms. Clarke of New York 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 clarify that such section has no effect on civil rights laws with respect to the targeting of covered advertisements, and for other purposes.

1. Short title This Act may be cited as the Civil Rights Modernization Act of 2021 . 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.