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