S560-118

1. Short title This Act may be cited as the Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act.

2. Communications Decency Act improvements Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended— in subsection (c)— in paragraph (1)— by striking No provider and inserting the following: Except as provided in paragraph (3), no provider by striking any information and inserting any speech; by inserting before the period at the end the following: , unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech; and by adding at the end the following: In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider. in paragraph (2)(B), by striking paragraph (1) and inserting subparagraph (A); and by adding at the end the following: Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of a provider of an interactive computer service to remove, restrict access to or availability of, or prevent the dissemination of material that is likely to cause irreparable harm. In the case of a provider of an interactive computer service that complies with an order granting injunctive relief described in subparagraph (A), that compliance shall not subject the provider to liability for removing, restricting access to or availability of, or preventing the dissemination of material that is subject to the order. in subsection (e), by adding at the end the following: Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death. (A)In generalExcept as provided in paragraph (3), no provider; (B)Affirmative defenseIn any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider.; (3)Exclusion from Good Samaritan Immunity(A)Injunctive reliefParagraph (1) shall not apply to any request for injunctive relief arising from the failure of a provider of an interactive computer service to remove, restrict access to or availability of, or prevent the dissemination of material that is likely to cause irreparable harm.(B)Limitation of liabilityIn the case of a provider of an interactive computer service that complies with an order granting injunctive relief described in subparagraph (A), that compliance shall not subject the provider to liability for removing, restricting access to or availability of, or preventing the dissemination of material that is subject to the order.; and (6)No effect on civil rights lawsNothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law.(7)No effect on antitrust lawsNothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.(8)No effect on stalking, harassment, or intimidation lawsNothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. (9)No effect on international human rights lawNothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.(10)No effect on wrongful death actionsNothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death..