Don’t Push My Buttons Act

Bill: 116-s-4756
Sponsor: full_name: Sen. Kennedy, John [R-LA]
Introduced: 2020-09-29
Policy area: Science, Technology, Communications
Subjects: Civil actions and liability

Evidence and witnesses

Internet and video services

Internet, web applications, social media
Latest action: action_date: 2020-09-29
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2020-09-29
action_desc: Introduced in Senate
text: <p><b>Don't Push My Buttons Act</b></p> <p>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.</p> <p>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.</p>

tv_txt: II 116th CONGRESS 2d Session S. 4756 IN THE SENATE OF THE UNITED STATES September 29, 2020 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.

1. Short title This Act may be cited as the Don’t Push My Buttons Act . 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). .