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Accountability For Online Firearms Marketplace Act

_Windrider_

Shiner of shoes
Supporter
Full Member
Minuteman
  • Jun 26, 2012
    9,860
    13,180
    Orlando, FL
    Feinstein is at it again

    95FFE31E-BC04-492A-9367-78704A4AE3F1.jpeg
     
    I’d tell Feinstein to go choke on some Ensure, but honestly, I don’t even think that thing is still alive anymore. I think it’s a golem of some kind, or maybe a re-animated and possessed corpse they refill with formaldehyde each night, controlled by the devil or some other dark spirit from another realm. I mean, look at it…
     
    accountability even sounds dirty when it's mentioned by a pack of corrupt politicians that all need to go away far away . also it's funny how they are all starting to lower the amount that they left for terrorist to get there hands on first it was 168 billion in cash and weapons now only 68 + they offered to pay them even more money which they probably did but don't want to admit to . dam diry apes no it dirty politicians dam them .
     
    Full text

    [Congressional Bills 117th Congress]
    [From the U.S. Government Publishing Office]
    [S. 2725 Introduced in Senate (IS)]

    <DOC>






    117th CONGRESS
    1st Session
    S. 2725

    To amend the Communications Decency Act to remove immunity for online
    firearms marketplaces, and for other purposes.


    _______________________________________________________________________


    IN THE SENATE OF THE UNITED STATES

    September 13, 2021

    Mr. Blumenthal (for himself, Mrs. Feinstein, and Mr. Whitehouse)
    introduced the following bill; which was read twice and referred to the
    Committee on Commerce, Science, and Transportation

    _______________________________________________________________________

    A BILL



    To amend the Communications Decency Act to remove immunity for online
    firearms marketplaces, and for other purposes.

    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 ``Accountability for Online Firearms
    Marketplaces Act of 2021''.

    SEC. 2. FINDINGS.

    Congress finds the following:
    (1) The core purpose of section 230 of the Communications
    Act of 1934 (47 U.S.C. 230) (commonly known as the
    ``Communications Decency Act'') (referred to in this section as
    ``Section 230'') is to provide a specific protection for online
    platforms acting as Good Samaritans to stop online abuse.
    Specifically, Section 230 states that providers of interactive
    computer services will not be treated as publishers or speakers
    of user-generated content. In turn, the provision entrusted
    providers to act as Good Samaritans to police their platforms
    by blocking and screening offensive content.
    (2) Section 230 bars actions that hold providers liable as
    publishers of third-party content, but the statute is
    irrelevant to claims unrelated to such publications. If a claim
    does not treat the defendant as a publisher, Section 230 should
    not apply.
    (3) However, courts have interpreted Section 230 as
    providing sweeping immunity for a broad array of providers,
    including providers alleged to have facilitated violations of
    criminal laws online. This interpretation is overly broad and
    discourages the self-policing that Section 230 intended to
    incentivize.
    (4) In Daniel v. Armslist, the Wisconsin Supreme Court read
    Section 230 to bar claims against an online firearms
    marketplace. The court's decision swept so broadly as to cover
    websites designed to encourage and facilitate firearms
    trafficking in violation of chapter 44 of title 18, United
    States Code.
    (5) Online firearms marketplaces have made it increasingly
    easy for people who are prohibited from gun ownership to
    purchase guns online. Online firearms marketplaces facilitate
    such sales because while Federal law requires licensed gun
    dealers to perform background checks on prospective buyers, it
    does not require unlicensed sellers to do so. For more than a
    decade, online firearms marketplaces have exploited this legal
    loophole by allowing unlicensed sellers to sell guns directly
    to people prohibited from gun ownership.
    (6) Every year, unlicensed sellers post more than 1,000,000
    advertisements on online firearms marketplaces in States that
    do not legally require a background check. Individuals with
    criminal histories and other prohibited purchasers rely on
    these postings to evade basic background check laws and procure
    firearms. One study found that nearly 1 in 9 prospective gun
    buyers who respond to advertisements from unlicensed sellers on
    a major online firearms marketplace would not pass a background
    check, which is a rate that is 7 times higher than the denial
    rate in contexts where background checks are required.
    (7) Congress did not intend for Section 230 to bar
    otherwise valid claims against online firearms marketplaces for
    their own design of a website that encourages and contributes
    to its users circumventing Federal laws, including Federal gun
    laws.

    SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE.

    Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
    amended--
    (1) in subsection (c)--
    (A) in paragraph (1), by striking ``No provider''
    and inserting ``Except as provided in paragraph (3), no
    provider''; and
    (B) by adding at the end the following:
    ``(3) Treatment of publisher or speaker does not apply to
    online firearms marketplace.--Paragraph (1) shall not apply to
    an online firearms marketplace, for purposes of any claim in an
    action brought against the online firearms marketplace in its
    capacity as an online firearms marketplace.''; and
    (2) in subsection (f), by adding at the end the following:
    ``(5) Online firearms marketplace.--The term `online
    firearms marketplace' means an interactive computer service
    that--
    ``(A) facilitates transactions related to firearms,
    firearms accessories, firearms equipment, and other
    firearms-related materials;
    ``(B) advertises or makes available any posting or
    listing of any statement by a transferor or by a
    transferee that could be reasonable inferred to propose
    the transfer of a firearm; or
    ``(C) makes digital instructions in the form of
    Computer Aided Design files or other code that can
    automatically program a 3-dimensional printer or
    similar device to produce a firearm or complete a
    firearm from an unfinished frame or receiver,
    regardless of whether such transactions or other activities
    violate the terms of service of the interactive computer
    services.
    ``(6) Firearm.-- The term `firearm' has the meaning given
    the term in section 921(a) of title 18, United States Code.''.
    <all>
     
    Full text

    [Congressional Bills 117th Congress]
    [From the U.S. Government Publishing Office]
    [S. 2725 Introduced in Senate (IS)]

    <DOC>






    117th CONGRESS
    1st Session
    S. 2725

    To amend the Communications Decency Act to remove immunity for online
    firearms marketplaces, and for other purposes.


    _______________________________________________________________________


    IN THE SENATE OF THE UNITED STATES

    September 13, 2021

    Mr. Blumenthal (for himself, Mrs. Feinstein, and Mr. Whitehouse)
    introduced the following bill; which was read twice and referred to the
    Committee on Commerce, Science, and Transportation

    _______________________________________________________________________

    A BILL



    To amend the Communications Decency Act to remove immunity for online
    firearms marketplaces, and for other purposes.

    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 ``Accountability for Online Firearms
    Marketplaces Act of 2021''.

    SEC. 2. FINDINGS.

    Congress finds the following:
    (1) The core purpose of section 230 of the Communications
    Act of 1934 (47 U.S.C. 230) (commonly known as the
    ``Communications Decency Act'') (referred to in this section as
    ``Section 230'') is to provide a specific protection for online
    platforms acting as Good Samaritans to stop online abuse.
    Specifically, Section 230 states that providers of interactive
    computer services will not be treated as publishers or speakers
    of user-generated content. In turn, the provision entrusted
    providers to act as Good Samaritans to police their platforms
    by blocking and screening offensive content.
    (2) Section 230 bars actions that hold providers liable as
    publishers of third-party content, but the statute is
    irrelevant to claims unrelated to such publications. If a claim
    does not treat the defendant as a publisher, Section 230 should
    not apply.
    (3) However, courts have interpreted Section 230 as
    providing sweeping immunity for a broad array of providers,
    including providers alleged to have facilitated violations of
    criminal laws online. This interpretation is overly broad and
    discourages the self-policing that Section 230 intended to
    incentivize.
    (4) In Daniel v. Armslist, the Wisconsin Supreme Court read
    Section 230 to bar claims against an online firearms
    marketplace. The court's decision swept so broadly as to cover
    websites designed to encourage and facilitate firearms
    trafficking in violation of chapter 44 of title 18, United
    States Code.
    (5) Online firearms marketplaces have made it increasingly
    easy for people who are prohibited from gun ownership to
    purchase guns online. Online firearms marketplaces facilitate
    such sales because while Federal law requires licensed gun
    dealers to perform background checks on prospective buyers, it
    does not require unlicensed sellers to do so. For more than a
    decade, online firearms marketplaces have exploited this legal
    loophole by allowing unlicensed sellers to sell guns directly
    to people prohibited from gun ownership.
    (6) Every year, unlicensed sellers post more than 1,000,000
    advertisements on online firearms marketplaces in States that
    do not legally require a background check. Individuals with
    criminal histories and other prohibited purchasers rely on
    these postings to evade basic background check laws and procure
    firearms. One study found that nearly 1 in 9 prospective gun
    buyers who respond to advertisements from unlicensed sellers on
    a major online firearms marketplace would not pass a background
    check, which is a rate that is 7 times higher than the denial
    rate in contexts where background checks are required.
    (7) Congress did not intend for Section 230 to bar
    otherwise valid claims against online firearms marketplaces for
    their own design of a website that encourages and contributes
    to its users circumventing Federal laws, including Federal gun
    laws.

    SEC. 3. PROTECTION OF VICTIMS OF GUN VIOLENCE.

    Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
    amended--
    (1) in subsection (c)--
    (A) in paragraph (1), by striking ``No provider''
    and inserting ``Except as provided in paragraph (3), no
    provider''; and
    (B) by adding at the end the following:
    ``(3) Treatment of publisher or speaker does not apply to
    online firearms marketplace.--Paragraph (1) shall not apply to
    an online firearms marketplace, for purposes of any claim in an
    action brought against the online firearms marketplace in its
    capacity as an online firearms marketplace.''; and
    (2) in subsection (f), by adding at the end the following:
    ``(5) Online firearms marketplace.--The term `online
    firearms marketplace' means an interactive computer service
    that--
    ``(A) facilitates transactions related to firearms,
    firearms accessories, firearms equipment, and other
    firearms-related materials;
    ``(B) advertises or makes available any posting or
    listing of any statement by a transferor or by a
    transferee that could be reasonable inferred to propose
    the transfer of a firearm; or
    ``(C) makes digital instructions in the form of
    Computer Aided Design files or other code that can
    automatically program a 3-dimensional printer or
    similar device to produce a firearm or complete a
    firearm from an unfinished frame or receiver,
    regardless of whether such transactions or other activities
    violate the terms of service of the interactive computer
    services.
    ``(6) Firearm.-- The term `firearm' has the meaning given
    the term in section 921(a) of title 18, United States Code.''.
    <all>
    So… Does this mean that they are open to section 230 Reform?
     
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