Mr. DeSaulnier (for himself and Mr. Patronis) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To repeal section 230 of the Communications Act of 1934.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title.
This Act may be cited as the “Sunset Section 230 Act”.
SEC. 2. Repeal of .
section 230
(a) In general.—Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is repealed.
(b) Conforming amendments.—
(1) COMMUNICATIONS ACT OF 1934.—The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended—
(A) in section 223(h) (47 U.S.C. 223(h)), by striking paragraph (2) and inserting the following:
“(2) 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.”; and
(B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by striking “or section 230”.
(2) TRADEMARK ACT OF 1946.—Section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946”) (15 U.S.C. 1127), is amended by striking the definition relating to the term “Internet” and inserting the following:
“The term ‘Internet’ means the international computer network of both Federal and non-Federal interoperable packet switched data networks.”.
(3) TITLE 17, UNITED STATES CODE.—Section 1401 of title 17, United States Code, is amended by striking subsection (g).
(4) TITLE 18, UNITED STATES CODE.—Part I of title 18, United States Code, is amended—
(A) in section 1462, by striking “(as defined in section 230(e)(2) of the Communications Act of 1934)” each place the term appears and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”;
(B) in section 1465, by striking “(as defined in section 230(e)(2) of the Communications Act of 1934)” and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”;
(C) in section 2257(h)(2)(B)(v), by striking “, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication”; and
(D) in section 2421A—
(i) in subsection (a), by striking “(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))” and inserting “(as that term is defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”; and
(ii) in subsection (b), by striking “(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))” and inserting “(as that term is defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”.
(5) CONTROLLED SUBSTANCES ACT.—Section 401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking “, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 shall not constitute such selection or alteration of the content of the communication”.
(6) WEBB-KENYON ACT.—Section 3(b)(1) of the Act entitled “An Act divesting intoxicating liquors of their interstate character in certain cases”, approved March 1, 1913 (commonly known as the “Webb-Kenyon Act”) (27 U.S.C. 122b(b)(1)), is amended by striking “(as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))” and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”.
(7) TITLE 28, UNITED STATES CODE.—Section 4102 of title 28, United States Code, is amended—
(A) by striking subsection (c); and
(B) in subsection (e)—
(i) by striking “construed to” and all that follows through “affect” and inserting “construed to affect”; and
(ii) by striking “defamation; or” and all that follows and inserting “defamation.”.
(8) DANIEL ANDERL JUDICIAL SECURITY AND PRIVACY ACT OF 2022.—Section 5933(7) of the Daniel Anderl Judicial Security and Privacy Act of 2022 ( 28 U.S.C. 601 note prec.; Public Law 117–263) is amended by striking “section 230 of the Communications Act of 1934 (47 U.S.C. 230)” and inserting “section 223 of the Communications Act of 1934 (47 U.S.C. 223)”.
(9) TITLE 31, UNITED STATES CODE.—Section 5362(6) of title 31, United States Code, is amended by striking “section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))” and inserting “section 223 of the Communications Act of 1934 (47 U.S.C. 223)”.
(10) NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION ACT.—Section 157 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 941) is amended—
(A) by striking subsection (e); and
(B) by redesignating subsections (f) through (j) as subsections (e) through (i), respectively.
Effective date.—(c) Effective date.—The amendments made by this section shall take effect on the date that is 2 years after the date of enactment of this Act.
section 230
(a) In general.—Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is repealed.
(b) Conforming amendments.—
(1) COMMUNICATIONS ACT OF 1934.—The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended—
(A) in section 223(h) (47 U.S.C. 223(h)), by striking paragraph (2) and inserting the following:
“(2) 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.”; and
(B) in section 231(b)(4) (47 U.S.C. 231(b)(4)), by striking “or section 230”.
(2) TRADEMARK ACT OF 1946.—Section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946”) (15 U.S.C. 1127), is amended by striking the definition relating to the term “Internet” and inserting the following:
“The term ‘Internet’ means the international computer network of both Federal and non-Federal interoperable packet switched data networks.”.
(3) TITLE 17, UNITED STATES CODE.—Section 1401 of title 17, United States Code, is amended by striking subsection (g).
(4) TITLE 18, UNITED STATES CODE.—Part I of title 18, United States Code, is amended—
(A) in section 1462, by striking “(as defined in section 230(e)(2) of the Communications Act of 1934)” each place the term appears and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”;
(B) in section 1465, by striking “(as defined in section 230(e)(2) of the Communications Act of 1934)” and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”;
(C) in section 2257(h)(2)(B)(v), by striking “, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not constitute such selection or alteration of the content of the communication”; and
(D) in section 2421A—
(i) in subsection (a), by striking “(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))” and inserting “(as that term is defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”; and
(ii) in subsection (b), by striking “(as such term is defined in defined in section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f)))” and inserting “(as that term is defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”.
(5) CONTROLLED SUBSTANCES ACT.—Section 401(h)(3)(A)(iii)(II) of the Controlled Substances Act (21 U.S.C. 841(h)(3)(A)(iii)(II)) is amended by striking “, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 shall not constitute such selection or alteration of the content of the communication”.
(6) WEBB-KENYON ACT.—Section 3(b)(1) of the Act entitled “An Act divesting intoxicating liquors of their interstate character in certain cases”, approved March 1, 1913 (commonly known as the “Webb-Kenyon Act”) (27 U.S.C. 122b(b)(1)), is amended by striking “(as defined in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))” and inserting “(as defined in section 223 of the Communications Act of 1934 (47 U.S.C. 223))”.
(7) TITLE 28, UNITED STATES CODE.—Section 4102 of title 28, United States Code, is amended—
(A) by striking subsection (c); and
(B) in subsection (e)—
(i) by striking “construed to” and all that follows through “affect” and inserting “construed to affect”; and
(ii) by striking “defamation; or” and all that follows and inserting “defamation.”.
(8) DANIEL ANDERL JUDICIAL SECURITY AND PRIVACY ACT OF 2022.—Section 5933(7) of the Daniel Anderl Judicial Security and Privacy Act of 2022 ( 28 U.S.C. 601 note prec.; Public Law 117–263) is amended by striking “section 230 of the Communications Act of 1934 (47 U.S.C. 230)” and inserting “section 223 of the Communications Act of 1934 (47 U.S.C. 223)”.
(9) TITLE 31, UNITED STATES CODE.—Section 5362(6) of title 31, United States Code, is amended by striking “section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f))” and inserting “section 223 of the Communications Act of 1934 (47 U.S.C. 223)”.
(10) NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION ACT.—Section 157 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 941) is amended—
(A) by striking subsection (e); and
(B) by redesignating subsections (f) through (j) as subsections (e) through (i), respectively.
Effective date.—(c) Effective date.—The amendments made by this section shall take effect on the date that is 2 years after the date of enactment of this Act.
