COLLUDE Act

Curtailing Online Limitations that Lead Unconstitutionally to Democracy's Erosion Act or the COLLUDE Act

This bill limits federal liability protection, sometimes referred to as Section 230 protection, that generally precludes providers and users of an interactive computer service (e.g., a social media company) from being held legally responsible for content provided by a third party.

Specifically, the bill removes the protection if a provider restricts access to or availability of content containing political speech because of a governmental request unless the request serves a legitimate law enforcement or national security purpose.

In addition, the bill changes legal procedures for applying the protection. Currently, the protection serves as broad immunity that typically allows the early dismissal of lawsuits, thereby preempting lawsuits and statutes that impose liability for third-party content. This bill makes the protection an affirmative defense, which means the provider or user must prove that the protection applies before the lawsuit may be dismissed.