[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2335 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2335
To amend the Communications Act of 1934 to narrow the scope of the
limitation on liability provided under section 230 of that Act, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2021
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to narrow the scope of the
limitation on liability provided under section 230 of that Act, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Push My Buttons Act''.
SEC. 2. LIMITATION ON IMMUNITY.
Section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c))
is amended by adding at the end the following:
``(3) Exception.--
``(A) In general.--Notwithstanding any other
provision of this subsection, and subject to
subparagraph (B) of this paragraph, the protection
provided under paragraph (1) or (2) shall not apply
with respect to a provider of an interactive computer
service that--
``(i) collects information regarding the
habits, preferences, or beliefs of a user of
the service; and
``(ii) uses an automated function to
deliver content to the user described in clause
(i) that corresponds with the habits,
preferences, or beliefs identified as a result
of the action taken under that clause with
respect to that user.
``(B) Applicability.--Subparagraph (A) shall not
apply to a situation in which--
``(i) a user of an interactive computer
service uses an automated function to deliver
content to that user; or
``(ii) subject to subparagraph (C), a user
of an interactive computer service knowingly
and intentionally elects to receive the content
described in subparagraph (A)(ii).
``(C) Burden of proof.--A provider of an
interactive computer service shall have the burden of
proving by clear and convincing evidence under
subparagraph (B)(ii) that a user of the interactive
computer service knowingly and intentionally elected to
receive the content described in subparagraph
(A)(ii).''.
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