Legislation to Reform Section 230 Reintroduced in the Senate, House

US Senators Mark Warner (D-VA), Mazie Hirono (D-HI), Amy Klobuchar (D-MN), Tim Kaine (D-VA), and Richard Blumenthal (D-CT), along with US Representatives Kathy Castor (D-FL) and Mike Levin (D-CA), reintroduced the "Safeguarding Against Fraud, Exploitation, Threats, Extremism and Consumer Harms (SAFE TECH) Act" to reform Section 230 and allow social media companies to be held accountable for enabling cyber-stalking, online harassment, and discrimination on social media platforms. Specifically, the SAFE TECH Act would force online service providers to address misuse on their platforms or face civil liability. The legislation would make clear that Section 230:

• Doesn’t apply to ads or other paid content – ensuring that platforms cannot continue to profit as their services are used to target vulnerable consumers with ads enabling frauds and scams;
• Doesn’t bar injunctive relief – allowing victims to seek court orders where misuse of a provider’s services is likely to cause irreparable harm;
• Doesn’t impair the enforcement of civil rights laws – maintaining the vital and hard-fought protections from discrimination even when activities or services are mediated by internet platforms;
• Doesn’t interfere with laws that address stalking/cyber-stalking or harassment and intimidation on the basis of protected classes – ensuring that victims of abuse and targeted harassment can hold platforms accountable when they directly enable harmful activity;
• Doesn’t bar wrongful death actions – allowing the family of a decedent to bring suit against platforms where they may have directly contributed to a loss of life;
• Doesn’t bar suits under the Alien Tort Claims Act – potentially allowing victims of platform-enabled human rights violations abroad to seek redress in US courts against US-based platforms.