Legis Daily

SAFE TECH Act

USA117th CongressS-299| Senate 
| Updated: 2/8/2021
Mark R. Warner

Mark R. Warner

Democratic Senator

Virginia

Cosponsors (4)
Mazie K. Hirono (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Richard Blumenthal (Democratic)

Commerce, Science, and Transportation 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.
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Timeline
Feb 8, 2021
Introduced in Senate
Feb 8, 2021
Read twice and referred to the Committee on Commerce, Science, and Transportation.
May 21, 2021

Latest Companion Bill Action

HR 117-3421
Referred to the Subcommittee on Communications and Technology.
  • February 8, 2021
    Introduced in Senate


  • February 8, 2021
    Read twice and referred to the Committee on Commerce, Science, and Transportation.


  • May 21, 2021

    Latest Companion Bill Action

    HR 117-3421
    Referred to the Subcommittee on Communications and Technology.

Science, Technology, Communications

Related Bills

  • HR 117-3421: SAFE TECH Act
Civil actions and liabilityEvidence and witnessesInternet and video servicesInternet, web applications, social media

SAFE TECH Act

USA117th CongressS-299| Senate 
| Updated: 2/8/2021
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
Feb 8, 2021
Introduced in Senate
Feb 8, 2021
Read twice and referred to the Committee on Commerce, Science, and Transportation.
May 21, 2021

Latest Companion Bill Action

HR 117-3421
Referred to the Subcommittee on Communications and Technology.
  • February 8, 2021
    Introduced in Senate


  • February 8, 2021
    Read twice and referred to the Committee on Commerce, Science, and Transportation.


  • May 21, 2021

    Latest Companion Bill Action

    HR 117-3421
    Referred to the Subcommittee on Communications and Technology.
Mark R. Warner

Mark R. Warner

Democratic Senator

Virginia

Cosponsors (4)
Mazie K. Hirono (Democratic)Amy Klobuchar (Democratic)Tim Kaine (Democratic)Richard Blumenthal (Democratic)

Commerce, Science, and Transportation Committee

Science, Technology, Communications

Related Bills

  • HR 117-3421: SAFE TECH Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityEvidence and witnessesInternet and video servicesInternet, web applications, social media