Bill · S. 69· Senate(119-S-69)
COLLUDE Act
- Introduced
- 1/9/2025
- Last activity
- 1/9/2025 — Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Sponsored by
- Eric Schmitt
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
This bill, known as the "COLLUDE Act," aims to amend the Communications Act of 1934. It specifically targets how government entities interact with providers of interactive computer services regarding content moderation. The bill seeks to change how providers use legal protections when they restrict certain types of political speech. It also shifts the burden of proof in legal actions regarding whether a provider is an information content provider. Finally, it establishes specific definitions for law enforcement and national security purposes.
Yes· 3 of 4
Does this protect the individual right to speak freely?+5
The bill seeks to prevent government entities from influencing the moderation of political speech on digital platforms.
Does this put more rules on large technology companies?+5
The bill increases regulation on interactive computer services by creating exceptions to their existing legal protections.
Does this protect what people are allowed to say in public life?+4
The bill aims to protect political speech from being suppressed by government-prompted content moderation.
The opposite
Does this give people more protection from unfair business practices?-3
The bill increases legal risks for interactive computer service providers by shifting the burden of proof in civil and criminal actions.
Does this better protect the country from computer attacks?-2
The bill's burden of proof shift may increase legal liabilities for platforms managing sensitive national security information.
Does this give people more control over their personal data?-1
The bill focuses on content moderation and speech rather than the protection of personal data.
Who it would affect, and how
Potential Positive Impacts for People
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Clarification of Law Enforcement and National Security: Section 2(1)(A)(3)(B) and Section 2(5)-(6) provide specific definitions for what constitutes a "legitimate law enforcement purpose" and a "national security purpose." This provides clarity on when certain communications are exempt from the new restrictions.
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Burden of Proof Shift: Section 2(1)(A)(i)(ii) changes the legal standard so that in civil or criminal actions, the provider or user bears the burden of proving they are not an information content provider.
Potential Negative Impacts for People
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Loss of Legal Protections Due to Government Communication: Section 2(1)(A)(3)(A) states that the protections of subsection (c) will not apply to providers that restrict access to material that appears to suppress legitimate political speech when that communication is sent by a government entity or a non-governmental entity acting at the request of a government entity.
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Increased Burden on Providers: Section 2(1)(A)(i)(ii) requires the provider or user to bear the burden of proving they are not an information content provider in legal actions where they are treated as the publisher or speaker.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Governance And Ideology
- Improves Freedom Of Speech+5Improves Government Transparency+3
- Education And Technology
- Increases Big Tech Regulation+5Improves Data Privacy-1
- Social Issues And Justice
- Improves Freedom Of Speech+4
- Economy And Finance
- Improves Consumer Protection-3
- National Security And Foreign Policy
- Improves Cybersecurity Defense-2
- 1/9/2025
- Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Introduced in Senate