,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dgef  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bi1
 #bjbj,mr4 ,kennedy 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 narrow 
the scope of the limitation on liability
 provided under section #bcj of that    
,act1 and for other purposes4  #a4      
,short title ,this ,act may be cited as 
the ,don't ,push ,my ,buttons ,act4  #b4
 ,limitation on immunity ,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 ,exception  7,a7 ,in   
general ,notwithstanding any other      
provision of this subsection1 and       
subject to subparagraph 7,b7 of this    
paragraph1 the protection provided under
 paragraph 7#a7 or 7#b7 shall not apply 
with respect to a provider of an        

interactive computer service that-- 7i7 
collects information regarding the      
habits1 preferences1 or beliefs of a    
user of the service2 and  7ii7 uses an  
automated function to deliver content to
 the user described in clause 7i7 that  
corresponds with the habits1            
preferences1 or beliefs identified as a 
result of the action taken under that   
clause with respect to that user4  7,b7 
,applicability ,subparagraph 7,a7 shall 
not apply to a situation in which-- 7i7 
a user of an interactive computer       
service uses an automated function to   
deliver content to that user2 or  7ii7  
subject to subparagraph 7,c71 a user of 
an interactive computer service         
knowingly and intentionally elects to   
receive the content described in        
subparagraph 7,a77ii74  7,c7 ,burden of 
proof ,a provider of an interactive     
computer service shall have the burden  
of proving by clear and convincing      
evidence under subparagraph 7,b77ii7    
that a user of the interactive computer 

service knowingly and intentionally     
elected to receive the content described
 in subparagraph 7,a77ii74  4