47 U.S.C. § 230 — Protection for private blocking and screen-

Page 89 TITLE 47—TELECOMMUNICATIONS § 230 and shall order a common carrier to modify any such policy or procedure that the Commission determines does not comply with Commission regulations. The Commission shall conduct such investigations as may be necessary to insure compliance by common carriers with the re- quirements of the regulations prescribed under this section. (d) Penalties For purposes of this chapter, a violation by an officer or employee of any policy or procedure adopted by a common carrier pursuant to sub- section (b), or of a rule prescribed by the Com- mission pursuant to subsection (a), shall be con- sidered to be a violation by the carrier of a rule prescribed by the Commission pursuant to this chapter. (e) Cost recovery for Communications Assistance for Law Enforcement Act compliance (1) Petitions authorized A common carrier may petition the Commis- sion to adjust charges, practices, classifica- tions, and regulations to recover costs ex- pended for making modifications to equip- ment, facilities, or services pursuant to the re- quirements of section 103 of the Communica- tions Assistance for Law Enforcement Act [47 U.S.C. 1002]. (2) Commission authority The Commission may grant, with or without modification, a petition under paragraph (1) if the Commission determines that such costs are reasonable and that permitting recovery is consistent with the public interest. The Com- mission may, consistent with maintaining just and reasonable charges, practices, classifica- tions, and regulations in connection with the provision of interstate or foreign communica- tion by wire or radio by a common carrier, allow carriers to adjust such charges, prac- tices, classifications, and regulations in order to carry out the purposes of this chapter. (3) Joint board The Commission shall convene a Federal- State joint board to recommend appropriate changes to part 36 of the Commission’s rules with respect to recovery of costs pursuant to charges, practices, classifications, and regula- tions under the jurisdiction of the Commis- sion. (June 19, 1934, ch. 652, title II, § 229, as added Pub. L. 103–414, title III, § 301, Oct. 25, 1994, 108 Stat. 4292.) Editorial Notes REFERENCES IN TEXT The Communications Assistance for Law Enforce- ment Act, referred to in subsecs. (a) and (e), is title I of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. This chapter, referred to in subsecs. (d) and (e)(2), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 230. Protection for private blocking and screen- ing of offensive material (a) Findings The Congress finds the following: (1) The rapidly developing array of Internet and other interactive computer services avail- able to individual Americans represent an ex- traordinary advance in the availability of edu- cational and informational resources to our citizens. (2) These services offer users a great degree of control over the information that they re- ceive, as well as the potential for even greater control in the future as technology develops. (3) The Internet and other interactive com- puter services offer a forum for a true diver- sity of political discourse, unique opportuni- ties for cultural development, and myriad ave- nues for intellectual activity. (4) The Internet and other interactive com- puter services have flourished, to the benefit of all Americans, with a minimum of govern- ment regulation. (5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment serv- ices. (b) Policy It is the policy of the United States— (1) to promote the continued development of the Internet and other interactive computer services and other interactive media; (2) to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer serv- ices, unfettered by Federal or State regula- tion; (3) to encourage the development of tech- nologies which maximize user control over what information is received by individuals, families, and schools who use the Internet and other interactive computer services; (4) to remove disincentives for the develop- ment and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or in- appropriate online material; and (5) to ensure vigorous enforcement of Fed- eral criminal laws to deter and punish traf- ficking in obscenity, stalking, and harassment by means of computer. (c) Protection for ‘‘Good Samaritan’’ blocking and screening of offensive material (1) Treatment of publisher or speaker No provider or user of an interactive com- puter service shall be treated as the publisher or speaker of any information provided by an- other information content provider. (2) Civil liability No provider or user of an interactive com- puter service shall be held liable on account of— (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, exces- sively violent, harassing, or otherwise objec- tionable, whether or not such material is constitutionally protected; or Page 90 TITLE 47—TELECOMMUNICATIONS § 230 1 So in original. Probably should be ‘‘subparagraph (A).’’ (B) any action taken to enable or make available to information content providers or others the technical means to restrict ac- cess to material described in paragraph (1).1 (d) Obligations of interactive computer service A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive com- puter service and in a manner deemed appro- priate by the provider, notify such customer that parental control protections (such as com- puter hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protec- tions. (e) Effect on other laws (1) No effect on criminal law Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal stat- ute. (2) No effect on intellectual property law Nothing in this section shall be construed to limit or expand any law pertaining to intellec- tual property. (3) State law Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liabil- ity may be imposed under any State or local law that is inconsistent with this section. (4) No effect on communications privacy law Nothing in this section shall be construed to limit the application of the Electronic Com- munications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law. (5) No effect on sex trafficking law Nothing in this section (other than sub- section (c)(2)(A)) shall be construed to impair or limit— (A) any claim in a civil action brought under section 1595 of title 18, if the conduct underlying the claim constitutes a violation of section 1591 of that title; (B) any charge in a criminal prosecution brought under State law if the conduct un- derlying the charge would constitute a vio- lation of section 1591 of title 18; or (C) any charge in a criminal prosecution brought under State law if the conduct un- derlying the charge would constitute a vio- lation of section 2421A of title 18, and pro- motion or facilitation of prostitution is ille- gal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted. (f) Definitions As used in this section: (1) Internet The term ‘‘Internet’’ means the inter- national computer network of both Federal and non-Federal interoperable packet switched data networks. (2) Interactive computer service The term ‘‘interactive computer service’’ means any information service, system, or ac- cess software provider that provides or enables computer access by multiple users to a com- puter server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions. (3) Information content provider The term ‘‘information content provider’’ means any person or entity that is respon- sible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive com- puter service. (4) Access software provider The term ‘‘access software provider’’ means a provider of software (including client or server software), or enabling tools that do any one or more of the following: (A) filter, screen, allow, or disallow con- tent; (B) pick, choose, analyze, or digest con- tent; or (C) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content. (June 19, 1934, ch. 652, title II, § 230, as added Pub. L. 104–104, title V, § 509, Feb. 8, 1996, 110 Stat. 137; amended Pub. L. 105–277, div. C, title XIV, § 1404(a), Oct. 21, 1998, 112 Stat. 2681–739; Pub. L. 115–164, § 4(a), Apr. 11, 2018, 132 Stat. 1254.) Editorial Notes REFERENCES IN TEXT The Electronic Communications Privacy Act of 1986, referred to in subsec. (e)(4), is Pub. L. 99–508, Oct. 21, 1986, 100 Stat. 1848. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 2510 of Title 18, Crimes and Criminal Procedure, and Tables. CODIFICATION Section 509 of Pub. L. 104–104, which directed amend- ment of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) by adding section 230 at end, was exe- cuted by adding the section at end of part I of title II of the Act to reflect the probable intent of Congress and amendments by sections 101(a), (b), and 151(a) of Pub. L. 104–104 designating §§ 201 to 229 as part I and adding parts II (§ 251 et seq.) and III (§ 271 et seq.) to title II of the Act. AMENDMENTS 2018—Subsec. (e)(5). Pub. L. 115–164 added par. (5). 1998—Subsec. (d). Pub. L. 105–277, § 1404(a)(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 105–277, § 1404(a)(1), inserted ‘‘or 231’’ after ‘‘section 223’’. Subsecs. (e), (f). Pub. L. 105–277, § 1404(a)(2), redesig- nated subsecs. (d) and (e) as (e) and (f), respectively. Page 91 TITLE 47—TELECOMMUNICATIONS § 231 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–164, § 4(b), Apr. 11, 2018, 132 Stat. 1254, pro- vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 11, 2018], and the amendment made by subsection (a) shall apply regard- less of whether the conduct alleged occurred, or is al- leged to have occurred, before, on, or after such date of enactment.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective 30 days after Oct. 21, 1998, see section 1406 of Pub. L. 105–277, set out as a note under section 223 of this title. SAVINGS Pub. L. 115–164, § 7, Apr. 11, 2018, 132 Stat. 1255, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2018 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure] or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act [Apr. 11, 2018] that was not limited or preempted by section 230 of the Communications Act of 1934 (47 U.S.C. 230), as such sec- tion was in effect on the day before the date of enact- ment of this Act.’’ SENSE OF CONGRESS Pub. L. 115–164, § 2, Apr. 11, 2018, 132 Stat. 1253, pro- vided that: ‘‘It is the sense of Congress that— ‘‘(1) section 230 of the Communications Act of 1934 (47 U.S.C. 230; commonly known as the ‘Communica- tions Decency Act of 1996’) was never intended to pro- vide legal protection to websites that unlawfully pro- mote and facilitate prostitution and websites that fa- cilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims; ‘‘(2) websites that promote and facilitate prostitu- tion have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and ‘‘(3) clarification of such section is warranted to en- sure that such section does not provide such protec- tion to such websites.’’ Executive Documents EXECUTIVE ORDER NO. 13925 Ex. Ord. No. 13925, May 28, 2020, 85 F.R. 34079, which related to moderation of content posted on social media platforms, was revoked by Ex. Ord. No. 14029, § 1, May 14, 2021, 86 F.R. 27025. § 231. Restriction of access by minors to mate- rials commercially distributed by means of World Wide Web that are harmful to minors (a) Requirement to restrict access (1) Prohibited conduct Whoever knowingly and with knowledge of the character of the material, in interstate or foreign commerce by means of the World Wide Web, makes any communication for commer- cial purposes that is available to any minor and that includes any material that is harmful to minors shall be fined not more than $50,000, imprisoned not more than 6 months, or both. (2) Intentional violations In addition to the penalties under paragraph (1), whoever intentionally violates such para- graph shall be subject to a fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. (3) Civil penalty In addition to the penalties under para- graphs (1) and (2), whoever violates paragraph (1) shall be subject to a civil penalty of not more than $50,000 for each violation. For pur- poses of this paragraph, each day of violation shall constitute a separate violation. (b) Inapplicability of carriers and other service providers For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is— (1) a telecommunications carrier engaged in the provision of a telecommunications service; (2) a person engaged in the business of pro- viding an Internet access service; (3) a person engaged in the business of pro- viding an Internet information location tool; or (4) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, with- out selection or alteration of the content of the communication, except that such person’s deletion of a particular communication or ma- terial made by another person in a manner consistent with subsection (c) or section 230 of this title shall not constitute such selection or alteration of the content of the communica- tion. (c) Affirmative defense (1) Defense It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to mate- rial that is harmful to minors— (A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; (B) by accepting a digital certificate that verifies age; or (C) by any other reasonable measures that are feasible under available technology. (2) Protection for use of defenses No cause of action may be brought in any court or administrative agency against any person on account of any activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense author- ized under this subsection or otherwise to re- strict or prevent the transmission of, or access to, a communication specified in this section. (d) Privacy protection requirements (1) Disclosure of information limited A person making a communication described in subsection (a)— (A) shall not disclose any information col- lected for the purposes of restricting access to such communications to individuals 17 years of age or older without the prior writ- ten or electronic consent of—