The Congress finds the following:
It is the policy of the United States-
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.
No provider or user of an interactive computer service shall be held liable on account of-
A provider of interactive computer service shall, at the time of entering an agreement with a customer for the provision of interactive computer service and in a manner deemed appropriate by the provider, notify such customer that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Such notice shall identify, or provide the customer with access to information identifying, current providers of such protections.
Nothing in this section shall be construed to impair the enforcement of sectionor of this title, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property.
Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.
Nothing in this section shall be construed to limit the application of the Electronic Communications Privacy Act of 1986 or any of the amendments made by such Act, or any similar State law.
Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit-
As used in this section:
The term "Internet" means the international computer network of both Federal and non-Federal interoperable packet switched data networks.
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.
The term "information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.
The term "access software provider" means a provider of software (including client or server software), or enabling tools that do any one or more of the following:
1 So in original. Probably should be "subparagraph (A)."
47 U.S.C. § 230
June 19, 1934, ch. 652, title II, §230, as added Pub. L. 104-1041996; amended Pub. L. 105-2771998; Pub. L. 115-164Apr. 11, 2018, 132 Stat. 1254.
REFERENCES IN TEXTThe Electronic Communications Privacy Act of 1986, referred to in subsec. (e)(4), is Pub. L. 99-508, Oct. 21, 1986, 100 Stat. 1848, as amended. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under sectionof Title 18, Crimes and Criminal Procedure, and Tables.
CODIFICATIONSection 509 of Pub. L. 104-104, which directed amendment of title II of the Communications Act of 1934 (et seq.) by adding section 230 at end, was executed by adding the section at end of part I of title II of the Act to reflect the probable intent of Congress and amendments by sections 101(a), (b), and 151(a) of Pub. L. 104-104 designating §§201 to 229 as part I and adding parts II (§251 et seq.) and III (§271 et seq.) to title II of the Act.
AMENDMENTS 2018-Subsec. (e)(5). Pub. L. 115-164 added par. (5).1998-Subsec. (d). Pub. L. 105-277added subsec. (d). Former subsec. (d) redesignated (e).Subsec. (d)(1). Pub. L. 105-277inserted "or 231" after "section 223".Subsecs. (e), (f). Pub. L. 105-277redesignated subsecs. (d) and (e) as (e) and (f), respectively.
EFFECTIVE DATE OF 2018 AMENDMENTPub. L. 115-164Apr. 11, 2018, 132 Stat. 1254, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Apr. 11, 2018], and the amendment made by subsection (a) shall apply regardless of whether the conduct alleged occurred, or is alleged to have occurred, before, on, or after such date of enactment."
EFFECTIVE DATE OF 1998 AMENDMENTAmendment by Pub. L. 105-277 effective 30 days after Oct. 21, 1998, see section 1406 of Pub. L. 105-277, set out as a note under sectionof this title.
SAVINGSPub. L. 115-164Apr. 11, 2018, 132 Stat. 1255, provided that: "Nothing in this Act [see Short Title of 2018 Amendment note set out under sectionof Title 18, Crimes and Criminal Procedure] or the amendments made by this Act shall be construed to limit or preempt any civil action or criminal prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day before the date of enactment of this Act [Apr. 11, 2018] that was not limited or preempted by section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ), as such section was in effect on the day before the date of enactment of this Act."
SENSE OF CONGRESSPub. L. 115-164Apr. 11, 2018, 132 Stat. 1253, provided that: "It is the sense of Congress that-"(1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230; commonly known as the 'Communications Decency Act of 1996') was never intended to provide legal protection to websites that unlawfully promote and facilitate prostitution and websites that facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims;"(2) websites that promote and facilitate prostitution have been reckless in allowing the sale of sex trafficking victims and have done nothing to prevent the trafficking of children and victims of force, fraud, and coercion; and"(3) clarification of such section is warranted to ensure that such section does not provide such protection to such websites."