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A. - Page 7 of 14 1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR AN AMENDMENT OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 TO REQUIRE SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS WHICH PROMOTE CRIMINAL ACTIVITIES Source: City of Cerritos Concurrence of five or more cities/city officials Cities: City of Hawaiian Gardens, City of Lakewood, City of Ontario, City of Rancho Cucamonga, City of Roseville Referred to: Governance, Transparency and Labor Relations and Public Safety Policy Committees WHEREAS, local law enforcement agencies seek to protect their communities' residents, businesses, and property owners from crime; and WHEREAS, increasingly, criminals use social media platforms to post notices of places, dates and times for their followers to meet to commit crimes; and WHEREAS, Section 230 of the Communications Decency Act of 1996 currently provides online platforins (including social media platforms) immunity from civil liability based on third -party content and for the removal of content; and WHEREAS, in the 25 years since Section 230's enactment, online platforms no longer function simply as forums for the posting of third -party content but rather use sophisticated algorithms to promote content and to cormect users; and WHEREAS, the United States Department of Justice, in its June 2020 report, "Section 230 Nurturing Innovation or Fostering Unaccountability?," concluded the expansive interpretation courts have given Section 230 has left online platforms immune from a wide array of illicit activity on their services, with little transparency or accountability, noting it "snakes little sense" to immunize from civil liability an online platform that purposefully facilitates or solicits third -party content or activity that violates federal criminal law; and WHEREAS, current court precedent interpreting Section 230 also precludes state and local jurisdictions from enforcing criminal laws against such online platforms that, while not actually performing unlawful activities, facilitate thein; and WHEREAS, amendment of Section 230 is necessary to clarify that online platforms are not iimnune from civil liability for promoting criminal activities; and NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 9, 2020 in Long Beach, California, that the League calls upon the U.S. Congress to amend Section 230 of the Communications Decency Act of 1996 to condition immunity from civil liability on the following: 143