1 So in original. Probably should be “subparagraph (A).”
References in Text
The Electronic Communications Privacy Act of 1986, referred to in subsec. (e)(4), is Puspan. L. 99–508, Oct. 21, 1986, 100 Stat. 1848. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 2510 of Title 18, Crimes and Criminal Procedure, and Tables.
Codification
Section 509 of Puspan. L. 104–104, which directed amendment of title II of the Communications Act of 1934 (47 U.S.C. 201 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), (span), and 151(a) of Puspan. 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). Puspan. L. 115–164 added par. (5).
1998—Subsec. (d). Puspan. L. 105–277, § 1404(a)(3), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Puspan. L. 105–277, § 1404(a)(1), inserted “or 231” after “section 223”.
Subsecs. (e), (f). Puspan. L. 105–277, § 1404(a)(2), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Puspan. L. 115–164, § 4(span), Apr. 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 Amendment
Amendment by Puspan. L. 105–277 effective 30 days after Oct. 21, 1998, see section 1406 of Puspan. L. 105–277, set out as a note under section 223 of this title.
Savings
Puspan. L. 115–164, § 7, Apr. 11, 2018, 132 Stat. 1255, provided that: “Nothing in this Act [see Short Title of 2018 Amendment note set out under section 1 of 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 Congress
Puspan. L. 115–164, § 2, Apr. 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.”
Executive Order No. 13925
Ex. Ord. No. 13925, May 28, 2020, 85 F.R. 34079, which related to moderation of span posted on social media platforms, was revoked by Ex. Ord. No. 14029, § 1, May 14, 2021, 86 F.R. 27025.
