,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dccg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #bh1     
#bjbj,mr4 ,hawley introduced the        
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend the              
,communications ,act of #aicd to stop   
granting immunity subsidies to companies
 that engage in behavioral advertising1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,behavioral ,advertising ,decisions ,are
 ,downgrading ,services ,act or the     
,,bad ,,ads ,act4  #b4 ,limitation on   
immunity  7a7 ,in general ,section      
#bcj7;c7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #bcj7;c77 is       
amended by adding at the end the        
following3  7#c7 ,limitation on         
protection  7,a7 ,definitions ,in this  
paragraph-- 7i7 the term advertisement  
server means a person that serves or    
delivers advertisements to a user of a  

website1 online service1 online         
application1 or mobile application2     
7ii7 the term behavioral advertising--  
7,i7 means a form of advertising in     
which an advertisement is displayed to a
 user of an interactive computer service
 based on-- 7aa7 the personal traits of 
the user2  7bb7 previous location       
information with respect to the user2   
7cc7 personal information from a profile
 about the user that is created for the 
purpose of selling advertisements2 or   
7dd7 the previous online or offline     
behavior of the user2 and  7,,ii7 does  
not include contextual advertising1 such
 as advertising that is directed to a   
user based on-- 7aa7 the content of the 
website1 online service1 online         
application1 or mobile application to   
which the user is connected2  7bb7 the  
location of the user1 as of the time at 
which the advertising is directed to the
 user2 or  7cc7 the search terms that   
the user applied to arrive at the       
website1 service1 or application to     

which the user is connected2 and  7iii7 
the term covered provider-- 7,i7 means  
an entity that-- 7aa7 provides an       
interactive computer service-- 7,,aa7   
through a website1 online application1  
or mobile application 7including a      
single interactive computer service that
 is provided through more than #a such  
website or application72 7,,bb7 through 
which information provided by another   
information content provider is         
distributed2 and 7,,cc7 that1 in any    
month during the most recently completed
 #ab-month period1 more than #cj1jjj1jjj
 users in the ,united ,states 7or more  
than #cjj1jjj1jjj users worldwide7      
accessed1 without regard to the means by
 which the users accessed the service2  
and  7bb7 during the most recently      
completed taxable year1 had more than   
#a1ejj1jjj1jjj in global revenue2 and   
7,,ii7 does not include an organization 
described in section #eja7;c7 of the    
,internal ,revenue ,code of #aihf that  
is exempt from taxation under section   

#eja7;a7 of such ,code4  7,b7           
,applicability ,the protections provided
 under paragraphs 7#a7 and 7#b7 shall   
not apply with respect to a covered     
provider for any claim arising during   
the #cj-;day period beginning on the    
date on which the covered provider-- 7i7
 displays behavioral advertising to a   
user of the interactive computer service
 described in subparagraph              
7,a77iii77,i77aa7 provided by the       
covered provider2 or  7ii7 provides data
 regarding a user of the interactive    
computer service described in clause 7i7
 to another person knowing that the     
other person will use that data to      
create or display behavioral            
advertising4  7,c7 ,liability of        
advertisement servers in place of       
covered providers ,an advertisement     
server shall be held liable for any     
claim brought against a covered provider
 because of the application of          
subparagraph 7,b7 if1 after the covered 
provider directs the advertisement      

server not to serve or deliver          
behavioral advertising to users of the  
interactive computer service described  
in subparagraph 7,a77iii77,i77aa7       
provided by the covered provider 7or if 
the advertisement server fails to       
provide reasonably accessible means to  
receive that direction from the covered 
provider71 the covered provider         
unknowingly takes the action described  
in subparagraph 7,b77i7 because of an   
action taken by the advertisement       
server1 including the failure of the    
advertisement server to provide the     
covered provider with a conspicuous     
disclosure regarding the category of    
advertisements to be displayed4  4  7b7 
,effective date ,this section1 and the  
amendments made by this section1 shall  
take effect on the date that is #ahj    
days after the date of enactment of this
 ,act4