47 U.S. Code § 230 - Protection for private blocking and screening of offensive material
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(a)FindingsThe Congressfinds the following:
(1)
The rapidly developing array of
Internet and other
interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens.
(2)
These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops.
(3)
The
Internet and other
interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity.
(4)
The
Internet and other
interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation.
(5)
Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services.
(b)PolicyIt 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 services, unfettered by Federal or
State regulation;
(3)
to encourage the development of technologies 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 development and utilization of blocking and filtering technologies that empower parents to restrict their children’s access to objectionable or inappropriate online material; and
(5)
to ensure vigorous enforcement of Federal criminal laws to deter and punish trafficking 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 computer service shall be treated as the publisher or speaker of any information provided by another
information content provider.
(2)Civil liabilityNo provider or user of an
interactive computer serviceshall 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, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B)
any action taken to enable or make available to
information content providers or others the technical means to restrict access 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 computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer 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 protections.
(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 statute.
(2)No effect on intellectual property law
Nothing in this section shall be construed to limit or expand any law pertaining to intellectual 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 liability 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 Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar
State law.
(5)No effect on sex trafficking lawNothing in this section (other than subsection (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 underlying the charge would constitute a violation of
section 1591 of title 18; or
(C)
any charge in a criminal prosecution brought under
State law if the conduct underlying the charge would constitute a violation of
section 2421A of title 18, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted.
(f)DefinitionsAs used in this section:
(1)Internet
The term “
Internet” means the international 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
access software provider that provides or enables computer access by multiple users to a computer 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 responsible, in whole or in part, for the creation or development of information provided through the
Internet or any other
interactive computer service.
(4)Access software providerThe 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 content;
(B)
pick, choose, analyze, or digest content; 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.)
