Advance written notice prior to termination or suspension

(a) Notice requirement (1) In general Except as described in subsection (b), an online service provider shall provide advance written notice to a user in violation of the online service provider’s acceptable use policy prior to restricting the user. (2) Required information The advance written notice required under paragraph (1) shall include the following information: (A) The specific act or practice of the user that led to the decision to restrict the user. (B) A description of how the act or practice identified in subparagraph (A) violated the acceptable use policy. (C) Whether the user has an option to appeal the decision, and, if so, a description of the process for how the user can appeal the online service provider’s decision, consistent with the acceptable use policy. (D) A description of the option for the user to elect that the online service provider publicly disclose such written notice as described in paragraph (4). (3) Advance written notice (A) In general For the purposes of this section, an online service provider will be deemed to have provided an advance written notice to a user if such provider makes a good faith effort to notify the user not later than 7 days prior to restricting the user. (B) Good faith effort For the purposes of subparagraph (A), a good faith effort may include— (i) a notification to the most recent email address or other contact information the user provided to the online service provider; or (ii) if the online service provider does not have any contact information for the user, a prominent notice that is displayed to the user on the online service provider’s website, service, or application when the user next accesses the user’s account or profile on such website, service, or application. (4) Public disclosure An online service provider shall— (A) provide to any user issued a written notice under paragraph (1) an option for the online service provider to publicly disclose such notice; and (B) if such user chooses to have such notice publicly disclosed, publish such notice on the website of the online service provider. (b) Exceptions for court action or imminent risk of harm An online service provider may restrict a user without advance written notice if— (1) such restriction was done to— (A) comply with a lawful order of a court of competent jurisdiction; or (B) protect against an imminent risk of— (i) death; (ii) a serious physical injury; or (iii) a serious health risk; and (2) the online service provider provides the user the information required by subsection (a)(2) and publicly discloses the written notice at the same time that the provider restricts the user or as soon as practicable thereafter. (c) Effective date The requirements of this section shall take effect on the date that is 180 days after the date of enactment of this Act.