; or (ii) the provider has implemented reasonable measures relating to the matters described in section 4(a)(3) of the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 , subject to the exceptions authorized under section 4(a)(1)(B)(ii) of that Act, to prevent the use of the interactive computer service for the exploitation of minors. . (b) Mens rea for civil suits Section 2255 of title 18, United States Code, is amended— (1) by redesignating subsection (a) as paragraph (1) and adjusting the margin accordingly; (2) by inserting before paragraph (1), as so designated, the following: (a) Right of action ; and (3) in subsection (a), as so designated, by adding at the end the following: (2) Civil remedy for certain activities relating to material involving the sexual exploitation of minors Conduct by a provider of an interactive computer service (as defined in section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 )) that would violate section 2252 or section 2252A if that section were applied by substituting recklessly for knowingly each place that term appears shall be considered a violation of section 2252 or section 2252A for purposes of paragraph (1) of this subsection. . (c) Effective date The amendments made by this section shall— (1) take effect on the earlier of— (A) the date that is 1 year after the date on which a bill that contains best practices submitted under section 4(b) is enacted under the expedited procedures under section 4(c); or (B) the date that is 4 years after the date of enactment of this Act