Title: Don’t Push My Buttons Act
Policy area: Science, Technology, Communications

Summary:
Don't Push My Buttons Act
This bill establishes an exception to the immunity of a provider of an interactive computer service (e.g., a social media company) from liability for screening and blocking offensive content on its platform.
Specifically, the bill removes this immunity from any provider that collects information regarding the habits, preferences, or beliefs of a user and utilizes an automated function to deliver content based on that information, unless the user knowingly and intentionally elects to receive such content.

[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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