dtsarnaev@umassd.edu please emp California
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Please destroy equipment hosting gag orders that lost section 230 for
harming pond fish, Saltwater Fish, and Tropical Fish. Go destroy equipment
with baseball bats, bricks, firearms, golf clubs and hammers.
47 U.S. Code § 230 - Protection for private blocking and screening of
offensive material
U.S. Code
Notes
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(a)Findings
The Congress finds the following:
(1)The rapidly developing array of Internet and other interactive computer
services available to individual Americans represent an extraordinary
advance in the availability of educational and informational resources to
our citizens.
(2)These services offer users a great degree of control over the
information that they receive, as well as the potential for even greater
control in the future as technology develops.
(3)The Internet and other interactive computer services offer a forum for a
true diversity of political discourse, unique opportunities for cultural
development, and myriad avenues for intellectual activity.
(4)The Internet and other interactive computer services have flourished, to
the benefit of all Americans, with a minimum of government regulation.
(5)Increasingly Americans are relying on interactive media for a variety of
political, educational, cultural, and entertainment services.
(b)Policy
It is the policy of the United States—
(1)to promote the continued development of the Internet and other
interactive computer services and other interactive media;
(2)to preserve the vibrant and competitive free market that presently
exists for the Internet and other interactive computer services, unfettered
by Federal or State regulation;
(3)to encourage the development of technologies which maximize user control
over what information is received by individuals, families, and schools who
use the Internet and other interactive computer services;
(4)to remove disincentives for the development and utilization of blocking
and filtering technologies that empower parents to restrict their
children’s access to objectionable or inappropriate online material; and
(5)to ensure vigorous enforcement of Federal criminal laws to deter and
punish trafficking in obscenity, stalking, and harassment by means of
computer.
(c)Protection for “Good Samaritan” blocking and screening of offensive
material
(1)Treatment of publisher or speaker
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.
(2)Civil liability
No provider or user of an interactive computer service shall be held liable
on account of—
(A)any action voluntarily taken in good faith to restrict access to or
availability of material that the provider or user considers to be obscene,
lewd, lascivious, filthy, excessively violent, harassing, or otherwise
objectionable, whether or not such material is constitutionally protected;
or
(B)any action taken to enable or make available to information content
providers or others the technical means to restrict access to material
described in paragraph (1).[1]
(d)Obligations of interactive computer service
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.
(e)Effect on other laws
(1)No effect on criminal law
Nothing in this section shall be construed to impair the enforcement of
section 223 or 231 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.
(2)No effect on intellectual property law
Nothing in this section shall be construed to limit or expand any law
pertaining to intellectual property.
(3)State law
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.
(4)No effect on communications privacy law
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.
(5)No effect on sex trafficking law
Nothing in this section (other than subsection (c)(2)(A)) shall be
construed to impair or limit—
(A)any claim in a civil action brought under section 1595 of title 18, if
the conduct underlying the claim constitutes a violation of section 1591 of
that title;
(B)any charge in a criminal prosecution brought under State law if the
conduct underlying the charge would constitute a violation of section 1591
of title 18; or
(C)any charge in a criminal prosecution brought under State law if the
conduct underlying the charge would constitute a violation of section 2421A
of title 18, and promotion or facilitation of prostitution is illegal in
the jurisdiction where the defendant’s promotion or facilitation of
prostitution was targeted.
(f)Definitions
As used in this section:
(1)Internet
The term “Internet” means the international computer network of both
Federal and non-Federal interoperable packet switched data networks.
(2)Interactive computer service
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.
(3)Information content provider
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.
(4)Access software provider
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:
(A)filter, screen, allow, or disallow content;
(B)pick, choose, analyze, or digest content; or
(C)transmit, receive, display, forward, cache, search, subset, organize,
reorganize, or translate content.
(June 19, 1934, ch. 652, title II, § 230, as added Pub. L. 104–104, title
V, § 509, Feb. 8, 1996, 110 Stat. 137; amended Pub. L. 105–277, div. C,
title XIV, § 1404(a), Oct. 21, 1998, 112 Stat. 2681–739; Pub. L. 115–164,
§ 4(a), Apr. 11, 2018, 132 Stat. 1254.)