HR 3716, Online Criminal Liability Standardization Act of 2002.
Sponsor: Rep. Bob Goodlatte (R-VA).
Date Introduced: February 12, 2002.
Source: The office of Rep. Goodlatte kindly provided Tech Law Journal with a PDF version of the bill.

IN THE HOUSE OF REPRESENTATIVES

Mr. GOODLATTE introduced the following bill; which was referred to the Committee on ______

A BILL

To amend title 18, United States Code, to provide a defense against certain criminal prosecutions for interactive computer service providers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Online Criminal Liability Standardization Act of 2002’’.

SEC. 2. LIABILITY LIMITATION APPLICABLE TO CERTAIN CRIMINAL PROSECUTIONS RELATING TO INTERACTIVE COMPUTER SERVICES.

(a) IN GENERAL.—Chapter 1 of title 18, United States Code, is amended by adding at the end the following:

‘‘§ 25. Liability limitation applicable to certain prosecutions relating to interactive computer services

‘‘(a) Except as provided in this section, notwithstanding any other provision of law, no interactive computer service provider, or corporate officer of such provider, shall be liable for an offense against the United States arising from such provider’s transmitting, storing, distributing, or otherwise making available, in the ordinary course of its business activities as an interactive computer service provider, material provided by another person.

‘‘(b)(1) The liability limitation created by this section does not apply if the defendant intended that the service be used in the commission of the offense.

‘‘(2) A corporation that is a provider of an interactive computer service does not have the intent described in paragraph (1) unless—

‘‘(A) an employee or agent of the corporation has the intent described in paragraph (1); and

‘‘(B) the conduct of the employee or agent constituting the offense was authorized, requested, commanded, performed, or tolerated with actual knowledge of that conduct by one or more members of the board of directors or by a high managerial agent acting for the benefit of the corporation within the scope of the director’s or high managerial agent’s office or employment.

‘‘(c) As used in this section—

‘‘(1) the term ‘interactive computer service’ has the meaning given that term in section 230(f) of the Communications Act of 1934; and

‘‘(2) the term ‘high managerial agent’ means an individual who has a substantial role in the making of policy for a corporation, including an executive officer of the corporation, an individual with a substantial ownership interest in the corporation, and an individual in charge of major business or functional unit of the corporation, such as sales, administration, or finance.

‘‘(d) Nothing in this section may be construed to apply to an offense under section 2319 or 2319A of this title.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following new item:

‘‘25. Liability limitation applicable to certain prosecutions relating to interactive computer services.’’.