118th Congress Science, Technology, Communications
S. 560: SAFE TECH Act
Introduced
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties.
Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech.
The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant.
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Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions.
Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Richard Blumenthal D-CTOriginal
- Mazie Hirono D-HIOriginal
- Amy Klobuchar D-MNOriginal
- Timothy Kaine D-VAOriginal
Who scored on this bill
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History
- Introduced in the Senate by Mark Warner.
Show the full action history (2 actions)
- Introduced in Senate
- Read twice and referred to the Committee on Commerce, Science, and Transportation.