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Page 80 TITLE 47—TELEGRAPHS, TELEPHONES, AND § 230 TITLE 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Page 80 (3) Joint board technologies that empower parents to restrict The Commission shall convene a Federal- their children’s access to objectionable or in- State joint board to recommend appropriate appropriate online material; and changes to part 36 of the Commission’s rules (5) to ensure vigorous enforcement of Fed- with respect to recovery of costs pursuant to eral criminal laws to deter and punish traf- charges, practices, classifications, and regula- ficking in obscenity, stalking, and harassment tions under the jurisdiction of the Commis- by means of computer. sion. (c) Protection for ‘‘Good Samaritan’’ blocking and screening of offensive material (June 19, 1934, ch. 652, title II, § 229, as added Pub. L. 103–414, title III, § 301, Oct. 25, 1994, 108 (1) Treatment of publisher or speaker Stat. 4292.) No provider or user of an interactive com- puter service shall be treated as the publisher REFERENCES IN TEXT or speaker of any information provided by an- The Communications Assistance for Law Enforce- other information content provider. ment Act, referred to in subsecs. (a) and (e), is title I (2) Civil liability of Pub. L. 103–414, Oct. 25, 1994, 108 Stat. 4279, which is classified generally to subchapter I (§ 1001 et seq.) of No provider or user of an interactive com- chapter 9 of this title. For complete classification of puter service shall be held liable on account this Act to the Code, see Short Title note set out under of— section 1001 of this title and Tables. (A) any action voluntarily taken in good This chapter, referred to in subsecs. (d) and (e)(2), was faith to restrict access to or availability of in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act material that the provider or user considers of 1934, which is classified principally to this chapter. to be obscene, lewd, lascivious, filthy, exces- For complete classification of this Act to the Code, see sively violent, harassing, or otherwise objec- section 609 of this title and Tables. tionable, whether or not such material is constitutionally protected; or § 230. Protection for private blocking and screen- (B) any action taken to enable or make ing of offensive material available to information content providers (a) Findings or others the technical means to restrict ac- 1 The Congress finds the following: cess to material described in paragraph (1). (1) The rapidly developing array of Internet (d) Obligations of interactive computer service and other interactive computer services avail- A provider of interactive computer service able to individual Americans represent an ex- shall, at the time of entering an agreement with traordinary advance in the availability of edu- a customer for the provision of interactive com- cational and informational resources to our puter service and in a manner deemed appro- citizens. priate by the provider, notify such customer (2) These services offer users a great degree that parental control protections (such as com- of control over the information that they re- puter hardware, software, or filtering services) ceive, as well as the potential for even greater are commercially available that may assist the control in the future as technology develops. customer in limiting access to material that is (3) The Internet and other interactive com- harmful to minors. Such notice shall identify, or puter services offer a forum for a true diver- provide the customer with access to information sity of political discourse, unique opportuni- identifying, current providers of such protec- ties for cultural development, and myriad ave- tions. nues for intellectual activity. (e) Effect on other laws (4) The Internet and other interactive com- (1) No effect on criminal law puter services have flourished, to the benefit of all Americans, with a minimum of govern- Nothing in this section shall be construed to ment regulation. impair the enforcement of section 223 or 231 of (5) Increasingly Americans are relying on this title, chapter 71 (relating to obscenity) or interactive media for a variety of political, 110 (relating to sexual exploitation of children) educational, cultural, and entertainment serv- of title 18, or any other Federal criminal stat- ices. ute. (b) Policy (2) No effect on intellectual property law It is the policy of the United States— Nothing in this section shall be construed to (1) to promote the continued development of limit or expand any law pertaining to intellec- the Internet and other interactive computer tual property. services and other interactive media; (3) State law (2) to preserve the vibrant and competitive Nothing in this section shall be construed to free market that presently exists for the prevent any State from enforcing any State Internet and other interactive computer serv- law that is consistent with this section. No ices, unfettered by Federal or State regula- cause of action may be brought and no liabil- tion; ity may be imposed under any State or local (3) to encourage the development of tech- law that is inconsistent with this section. nologies which maximize user control over (4) No effect on communications privacy law what information is received by individuals, families, and schools who use the Internet and Nothing in this section shall be construed to other interactive computer services; limit the application of the Electronic Com- (4) to remove disincentives for the develop- ment and utilization of blocking and filtering 1 So in original. Probably should be ‘‘subparagraph (A).’’ Page 81 TITLE 47—TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS § 231 munications Privacy Act of 1986 or any of the EFFECTIVE DATE OF 1998 AMENDMENT amendments made by such Act, or any similar Amendment by Pub. L. 105–277 effective 30 days after State law. Oct. 21, 1998, see section 1406 of Pub. L. 105–277, set out (f) Definitions as a note under section 223 of this title. As used in this section: § 231. Restriction of access by minors to mate- rials commercially distributed by means of (1) Internet World Wide Web that are harmful to minors The term ‘‘Internet’’ means the inter- national computer network of both Federal (a) Requirement to restrict access and non-Federal interoperable packet (1) Prohibited conduct switched data networks. Whoever knowingly and with knowledge of (2) Interactive computer service the character of the material, in interstate or foreign commerce by means of the World Wide The term ‘‘interactive computer service’’ Web, makes any communication for commer- means any information service, system, or ac- cial purposes that is available to any minor cess software provider that provides or enables and that includes any material that is harmful computer access by multiple users to a com- to minors shall be fined not more than $50,000, puter server, including specifically a service or imprisoned not more than 6 months, or both. system that provides access to the Internet and such systems operated or services offered (2) Intentional violations by libraries or educational institutions. In addition to the penalties under paragraph (1), whoever intentionally violates such para- (3) Information content provider graph shall be subject to a fine of not more The term ‘‘information content provider’’ than $50,000 for each violation. For purposes of means any person or entity that is respon- this paragraph, each day of violation shall sible, in whole or in part, for the creation or constitute a separate violation. development of information provided through (3) Civil penalty the Internet or any other interactive com- puter service. In addition to the penalties under para- graphs (1) and (2), whoever violates paragraph (4) Access software provider (1) shall be subject to a civil penalty of not The term ‘‘access software provider’’ means more than $50,000 for each violation. For pur- a provider of software (including client or poses of this paragraph, each day of violation server software), or enabling tools that do any shall constitute a separate violation. one or more of the following: (b) Inapplicability of carriers and other service (A) filter, screen, allow, or disallow con- providers tent; For purposes of subsection (a) of this section, (B) pick, choose, analyze, or digest con- a person shall not be considered to make any tent; or communication for commercial purposes to the (C) transmit, receive, display, forward, extent that such person is— cache, search, subset, organize, reorganize, (1) a telecommunications carrier engaged in or translate content. the provision of a telecommunications service; (June 19, 1934, ch. 652, title II, § 230, as added (2) a person engaged in the business of pro- Pub. L. 104–104, title V, § 509, Feb. 8, 1996, 110 viding an Internet access service; Stat. 137; amended Pub. L. 105–277, div. C, title (3) a person engaged in the business of pro- XIV, § 1404(a), Oct. 21, 1998, 112 Stat. 2681–739.) viding an Internet information location tool; or REFERENCES IN TEXT (4) similarly engaged in the transmission, The Electronic Communications Privacy Act of 1986, storage, retrieval, hosting, formatting, or referred to in subsec. (e)(4), is Pub. L. 99–508, Oct. 21, translation (or any combination thereof) of a 1986, 100 Stat. 1848, as amended. For complete classi- communication made by another person, with- fication of this Act to the Code, see Short Title of 1986 Amendment note set out under section 2510 of Title 18, out selection or alteration of the content of Crimes and Criminal Procedure, and Tables. the communication, except that such person’s deletion of a particular communication or ma- CODIFICATION terial made by another person in a manner Section 509 of Pub. L. 104–104, which directed amend- consistent with subsection (c) of this section ment of title II of the Communications Act of 1934 (47 or section 230 of this title shall not constitute U.S.C.
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