To clarify that efforts of a provider or user of an interactive computer service to identify, restrict access to, or remove objectionable material shall not be considered in determining the criminal or civil liability of the provider or user for other material.

SA 2212. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill H.R. 1865, to amend the Communications Act of 1934 to
clarify that section 230 of such Act does not prohibit the enforcement
against providers and users of interactive computer services of Federal
and State criminal and civil law relating to sexual exploitation of
children or sex trafficking, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. EFFECT ON LIABILITY OF EFFORTS TO IDENTIFY,
RESTRICT ACCESS TO, OR REMOVE OBJECTIONABLE
MATERIAL.

(a) In General.--Section 230(c) of the Communications Act
of 1934 (47 U.S.C. 230(c)) is amended by adding at the end
the following:
``(3) Effect of efforts to identify, restrict access to, or
remove objectionable material.--
``(A) Effect on criminal and civil liability generally.--
The fact that a provider or user of an interactive computer
service has undertaken any efforts (including monitoring and
filtering) to identify, restrict access to, or remove
material the provider or user considers objectionable shall
not be considered in determining the criminal or civil
liability of the provider or user for any material that the
provider or user has not removed or restricted access to.
``(B) Effect on protections.--The protections under
paragraphs (1) and (2) are not limited by or contingent upon
an interactive computer service provider's--
``(i) moderation of content; or
``(ii) use of particular content moderation practices.''.
(b) Effective Date.--The amendment made by subsection (a)
shall--
(1) take effect on the date of enactment of this Act; and
(2) apply regardless of whether the conduct alleged
occurred, or is alleged to have occurred, before, on, or
after such date of enactment.
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