Legis Daily

SAFE TECH Act

USA117th CongressHR-3421| House 
| Updated: 5/21/2021
A. Donald McEachin

A. Donald McEachin

Democratic Representative

Virginia

Cosponsors (2)
Kathy Castor (Democratic)Mike Levin (Democratic)

Communications and Technology Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 115-4561
SAFE TECH Act
Feb 8, 2021

Latest Companion Bill Action

S 117-299
Introduced in Senate
May 20, 2021
Introduced in House
May 20, 2021
Referred to the House Committee on Energy and Commerce.
May 21, 2021
Referred to the Subcommittee on Communications and Technology.
  • Bill from Previous Congress

    HR 115-4561
    SAFE TECH Act


  • February 8, 2021

    Latest Companion Bill Action

    S 117-299
    Introduced in Senate


  • May 20, 2021
    Introduced in House


  • May 20, 2021
    Referred to the House Committee on Energy and Commerce.


  • May 21, 2021
    Referred to the Subcommittee on Communications and Technology.

Science, Technology, Communications

Related Bills

  • S 117-299: SAFE TECH Act

SAFE TECH Act

USA117th CongressHR-3421| House 
| Updated: 5/21/2021
Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 115-4561
SAFE TECH Act
Feb 8, 2021

Latest Companion Bill Action

S 117-299
Introduced in Senate
May 20, 2021
Introduced in House
May 20, 2021
Referred to the House Committee on Energy and Commerce.
May 21, 2021
Referred to the Subcommittee on Communications and Technology.
  • Bill from Previous Congress

    HR 115-4561
    SAFE TECH Act


  • February 8, 2021

    Latest Companion Bill Action

    S 117-299
    Introduced in Senate


  • May 20, 2021
    Introduced in House


  • May 20, 2021
    Referred to the House Committee on Energy and Commerce.


  • May 21, 2021
    Referred to the Subcommittee on Communications and Technology.
A. Donald McEachin

A. Donald McEachin

Democratic Representative

Virginia

Cosponsors (2)
Kathy Castor (Democratic)Mike Levin (Democratic)

Communications and Technology Subcommittee, Energy and Commerce Committee

Science, Technology, Communications

Related Bills

  • S 117-299: SAFE TECH Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted