S 69 — COLLUDE Act

Summary

Curtailing Online Limitations that Lead Unconstitutionally to Democracy's Erosion Act or the COLLUDE Act This bill limits federal liability protection, sometimes referred to as Section 230 protection, that generally precludes providers and users of an interactive computer service (e.g., a social media company) from being held legally responsible for content provided by a third party. Specifically, the bill removes the protection if a provider restricts access to or availability of content containing political speech because of a governmental request unless the request serves a legitimate law enforcement or national security purpose. In addition, the bill changes legal procedures for applying the protection. Currently, the protection serves as broad immunity that typically allows the early dismissal of lawsuits, thereby preempting lawsuits and statutes that impose liability for third-party content. This bill makes the protection an affirmative defense, which means the provider or user must prove that the protection applies before the lawsuit may be dismissed.

Bill Text

• Introduced Introduced in Senate Current html January 09, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends Section 230 to impose stricter conditions under which interactive computer service providers can be treated as publishers or speakers and adds exceptions for governmental communications.

• 47 U.S.C. § 230(c)(1)

  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. → (A) In general.--Subject to subparagraph (B), no provider

  The bill clarifies that a provider's liability as a publisher is conditional and subject to further provisions.

• 47 U.S.C. § 230(c)(1)

  (B) Affirmative defense.--In a criminal or civil action against a provider or user of an interactive computer service that treats the provider or user as the publisher or speaker of any information, the provider or user shall bear the burden of proving that the provider or user is not an information content provider with respect to that information for purposes of subparagraph (A).

  The burden of proof shifts to providers to demonstrate they are not content creators in certain legal actions.

• 47 U.S.C. § 230(c)(2)(B)

  paragraph (1) → subparagraph (A)

  This adjustment aligns the reference to the modified structure of Section 230.

• 47 U.S.C. § 230(c)

  (3) Loss of protection in cases of governmental censorship.-- Except as provided in subparagraph (B), this subsection shall not apply to a provider of an interactive computer service that restricts access to or availability of material--

  Providers lose protections if they moderate content in ways that suppress political speech at the behest of governmental entities.

• 47 U.S.C. § 230(c)(3)(A)

  (i) in a manner that reasonably appears to express, promote, limit the visibility of, or suppress legitimate political speech, including a discernible viewpoint;

  Defines specific conditions under which content moderation can invalidate protections against liability.

• 47 U.S.C. § 230(c)(3)(A)

  (ii) as a result of a communication that--

  Conditions further stipulate how governmental communications can influence content moderation protections.

• 47 U.S.C. § 230(c)(3)(A)(ii)

  (I) is sent to the provider by-- (aa) a governmental entity; or (bb) a non-governmental entity that is acting at the request or behest of a governmental entity;

  Details the nature of communications leading to potential liability loss.

• 47 U.S.C. § 230(c)(3)(B)

  A communication that is for a legitimate law enforcement purpose or a national security purpose shall not be considered to be a communication that is described in subparagraph (A)(ii).

  Establishes exclusions for legitimate law enforcement or national security communications from liability considerations.

• 47 U.S.C. § 230(f)

  (5) Legitimate law enforcement purpose.--The term `legitimate law enforcement purpose' means, with respect to a communication, that the purpose of the communication is so that a law enforcement agency can, within the lawful authority of that agency, investigate a criminal offense.

  Defines legitimate law enforcement purposes to clarify exclusions under the law.

• 47 U.S.C. § 230(f)

  (6) National security purpose.--The term `national security purpose' means, with respect to a communication, that the purpose of the communication relates to-- (A) intelligence activities; (B) cryptologic activities that relate to the national security of the United States; (C) command and control of the Armed Forces; (D) equipment that is an integral part of a weapon or a weapons system; or (E) the direct fulfillment of a military or intelligence mission.

  Provides a clear definition of national security purposes to further specify exclusions under the law.

Action History

1. January 09, 2025

   Introduced in Senate

2. January 09, 2025

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

• Eric Schmitt · Primary

Subjects