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US 18 U.S.C. § 2258B - Limited Immunity for Electronic Service Providers Reporting to CyberTipline

18 U.S.C. § 2258B provides limited civil immunity for electronic service providers (and their officers, directors, employees, and agents) for performing…

What US 18 U.S.C. § 2258B - Limited Immunity for Electronic Service Providers Reporting to CyberTipline requires

18 U.S.C. § 2258B provides limited civil immunity for electronic service providers (and their officers, directors, employees, and agents) for performing the reporting and preservation obligations under § 2258A (CyberTipline reporting), § 2258A(b)(2) preservation, and other actions consistent with the statutory CSAM response framework. The immunity is conditioned: it does not apply where the provider engaged in intentional misconduct or acted with actual malice or reckless disregard. The provision encourages prompt provider reporting by removing the litigation risk that would otherwise deter compliance, particularly the third-party privacy claims that could arise from disclosure to NCMEC and law enforcement.

Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (codified in Title 18 of the United States Code) · Version: 1.0.0 · Last updated:

Primary source: https://www.law.cornell.edu/uscode/text/18/2258B

SHA-256 integrity: 2cf539352e37d0afb34af399545e37899eeccdf87efadcd4132b670138a8673a

Primary Citations — 10 traced to source

  • 18 U.S.C. § 2258B (Limited liability for electronic communication service providers or remote computing service providers) subsection (a): 'Except as provided in subsection (b), a civil claim or criminal charge against an electronic communication service provider or remote computing service for engaging in any action taken in good faith to comply with sections 2258A or 2258C, or with the obligation in section 2258A(b)(2) to preserve material reported under that section, may not be brought in any Federal or State court, or any other tribunal.' (law.cornell.edu/uscode/text/18/2258B)
  • 18 U.S.C. § 2258B(b)(1): subsection (a) shall not apply to an action taken if the provider engaged in intentional misconduct or acted with actual malice or reckless disregard for constitutional or statutory rights or for § 2702 SCA compliance.

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