Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
I
116TH CONGRESS
2D SESSION
H. R. 8515
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 HOUSE OF REPRESENTATIVES
OCTOBER 2, 2020
Mr. GOSAR (for himself and Ms. GABBARD) introduced the following bill;
which was referred to the Committee on Energy and Commerce
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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Don’t Push My But-
4
tons Act’’.
5
SEC. 2. LIMITATION ON IMMUNITY.
6
Section 230(c) of the Communications Act of 1934
7
(47 U.S.C. 230(c)) is amended by adding at the end the
8
following:
9
VerDate Sep 11 2014
04:20 Oct 29, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8515.IH
H8515
pbinns on DSKJLVW7X2PROD with BILLS
2
•HR 8515 IH
‘‘(3) EXCEPTION.—
1
‘‘(A) IN GENERAL.—Notwithstanding any
2
other provision of this subsection, and subject
3
to subparagraph (B) of this paragraph, the pro-
4
tection provided under paragraph (1) or (2)
5
shall not apply with respect to a provider of an
6
interactive computer service that—
7
‘‘(i) collects information regarding the
8
habits, preferences, or beliefs of a user of
9
the service; and
10
‘‘(ii) uses an automated function to
11
deliver content to the user described in
12
clause (i) that corresponds with the habits,
13
preferences, or beliefs identified as a result
14
of the action taken under that clause with
15
respect to that user.
16
‘‘(B) APPLICABILITY.—Subparagraph (A)
17
shall not apply to a situation in which—
18
‘‘(i) a user of an interactive computer
19
service uses an automated function to de-
20
liver content to that user; or
21
‘‘(ii) subject to subparagraph (C), a
22
user of an interactive computer service
23
knowingly and intentionally elects to re-
24
VerDate Sep 11 2014
04:20 Oct 29, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8515.IH
H8515
pbinns on DSKJLVW7X2PROD with BILLS
3
•HR 8515 IH
ceive the content described in subpara-
1
graph (A)(ii).
2
‘‘(C) BURDEN OF PROOF.—A provider of
3
an interactive computer service shall have the
4
burden of proving by clear and convincing evi-
5
dence under subparagraph (B)(ii) that a user of
6
the interactive computer service knowingly and
7
intentionally elected to receive the content de-
8
scribed in subparagraph (A)(ii).’’.
9
Æ
VerDate Sep 11 2014
04:20 Oct 29, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H8515.IH
H8515
pbinns on DSKJLVW7X2PROD with BILLS