[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10300 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10300
To foster accountability for digital content providers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 2026
Mr. McGovern introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To foster accountability for digital content providers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Big Tech Accountability Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) foster accountability by online platforms and other
internet service providers;
(2) protect internet users, voters, and the broader
community from the dangers of rampant amplification of
disinformation and violence; and
(3) protect online personal privacy and autonomy against
commercial exploitation.
SEC. 3. FALSE INFORMATION ABOUT ESSENTIAL GOVERNMENT SERVICES OR
PROCESSES.
Chapter 47 of title 18, United States Code, is amended by inserting
at the end the following:
``Sec. 1041. False information about essential government services or
processes
``(a) In General.--Whoever, in interstate or foreign commerce,
knowingly conveys or disseminates fraudulent civic misinformation, for
the purpose or with the reasonable expectation of causing other persons
to believe and rely or act upon such information, shall be fined under
this title or imprisoned not more than 5 years, or both.
``(b) Publishing Entity Liability.--Any publishing entity, or
person acting on behalf of such publishing entity who, in interstate or
foreign commerce, aids in the dissemination of fraudulent civic
misinformation that violates subsection (a) of this section, by--
``(1) knowingly disseminating, publishing, or broadcasting
fraudulent civic misinformation; or
``(2) conducting individualized targeting to disseminate,
publish, or broadcast fraudulent civic misinformation,
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(c) Definitions.--In this section:
``(1) Fraudulent civic misinformation.--The term
`fraudulent civic misinformation' means--
``(A) materially false, fraudulent, or misleading
information pertaining to essential government services
or processes, including government services concerning
public health and safety, voting and voter
registration, elections, the census, civil rights, and
education; or
``(B) data, guidance, or information that is
materially false, fraudulent, or misleading and that is
falsely attributed to a government agency, or falsely
asserted to have been sanctioned or authored by a
government agency.
``(2) Individualized targeting.--The term `individualized
targeting'--
``(A) means a publishing entity--
``(i) performs or causes to perform any
computational process (including one based on
algorithmic models, machine learning,
statistical analysis, or other data processing
or artificial intelligence techniques) designed
to transmit or display, highlight, emphasize,
or make more prominent, the content to a subset
of the users of such platform selected based on
personal information pertaining to the
individuals who make up the subset of users; or
``(ii) allows another person or entity to
instruct a publishing entity to transmit or
display, highlight, emphasize, or make more
prominent, the content to a subset of the users
of such publishing entity, including by
providing to such person a list of individuals,
contact information of individuals, or other
personal information that can be used to
identify individuals; and
``(B) does not include when a publishing entity
displays, highlights, emphasizes, or makes more
prominent, content in direct response to requests made
or search terms entered by an individual, such that any
individual making such requests or entering such search
terms would produce the same display.
``(3) Personal information.--The term `personal
information' means any information that is linked or reasonably
linkable to a specific individual or a specific device,
including an individual's actual or perceived characteristics
or demographics and information that may be derived from such
individual's internet browsing history, and including de-
identified information.
``(4) Publishing entity.--The term `publishing entity'
means any print publisher, radio-broadcast licensee, broadcast,
cable, or local television station, provider of an interactive
computer service (as such term is defined in section 230(f)(2)
of the Communications Act of 1934 (47 U.S.C. 230(f)(2))),
covered online platform (as such term is defined in section
232(e)(1) of the Communications Act of 1934), or agency or
medium for the dissemination of advertising.
``Sec. 1042. Civil penalties, injunction, and damages for violations of
section 1041
``(a) Civil Enforcement by the Attorney General.--The Attorney
General may bring a civil action in the appropriate United States
district court against any person who engages in conduct constituting
an offense under subsection (a) or (b) of section 1041 and, upon proof
of such conduct by a preponderance of the evidence, such person shall
be subject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person received or
offered for the prohibited conduct, whichever amount is greater.
``(b) Injunctive Relief.--If the Attorney General has reason to
believe that a person is engaged in conduct constituting an offense
under subsection (a) or (b) of section 1041, the Attorney General may
petition an appropriate United States district court for an order
prohibiting that person from engaging in such conduct. The court may
issue an order prohibiting that person from engaging in such conduct if
the court finds that the conduct constitutes such an offense.
``(c) Civil Action.--Whoever engages in conduct constituting an
offense under subsection (a) or subsection (b) of section 1041 is
liable in a civil action--
``(1) to any person incurring expenses incident to any
emergency or investigative response to the conduct that
violated subsection (a) of section 1041;
``(2) to any person incurring expenses incident to any
efforts required to correct the fraudulent civic
misinformation;
``(3) to any person incurring injury, illness, or loss of
life, loss of personal property, loss of an opportunity to vote
in an election, loss of civil rights, loss or denial of
government services, or expenses, including medical or legal
expenses, as a result of the fraudulent civic misinformation;
or
``(4) to any person injured for injunctive or other
equitable relief.
``(d) Rule of Construction.--Nothing in this section shall be
construed to preclude any other criminal or civil statutory, common
law, or administrative remedy, which is available by law to the United
States or any other person.''.
SEC. 4. CRIMINAL LIABILITY FOR AMPLIFYING ENCOURAGEMENT OF VIOLENCE.
Chapter 13 of title 18, United States Code, is amended by inserting
at the end the following:
``Sec. 251. Criminal liability for amplifying encouragement of violence
``(a) In General.--Any person who knowingly disseminates on the
internet, in interstate commerce and in a manner calculated to reach
500 or more viewers, a communication that solicits, commands, induces,
encourages, or otherwise endeavors to persuade another person to kidnap
or cause death or serious bodily injury to any person, or to engage in
conduct constituting a felony offense (as defined by State or Federal
law governing the applicable jurisdiction) that has as an element the
use, attempted use, or threatened use of physical force against
property or against the person of another, whether or not such
communications identify a specific person or property as the target of
such actions, shall be fined under this title, imprisoned not more than
2 years, or both.
``(b) Publishing Entity Liability.--Any publishing entity or person
acting on behalf of a publishing entity, who, in interstate or foreign
commerce--
``(1) disseminates, publishes, or broadcasts a
communication that solicits, commands, induces, encourages, or
otherwise endeavors to persuade another person or persons to
kidnap or cause death or serious bodily injury to any person,
or to engage in conduct constituting a felony offense (as
defined by State or Federal law governing the applicable
jurisdiction) that has as an element the use, attempted use, or
threatened use of physical force against property or against
the person of another, whether or not such communications
identify a specific person or property as the target of such
actions;
``(2) conducts individualized targeting to disseminate,
publish, or broadcast such communication; and
``(3) causes the communication to be viewed, seen, or read
10,000 or more times within the United States by means of
dissemination, publication, or broadcast that are controlled or
owned, in whole or in part, by the publishing entity,
shall be fined under this title or imprisoned not more than 2 years, or
both.
``(c) Definitions.--In this section, the terms `individualized
targeting', `personal information', and `publishing entity' shall have
the meaning given such terms in section 1041.
``Sec. 252. Civil penalties, injunction and damages for violations of
section 251
``(a) Civil Enforcement by the Attorney General.--The Attorney
General may bring a civil action in the appropriate United States
district court against any person who engages in conduct constituting
an offense under section 251 and, upon proof of such conduct by a
preponderance of the evidence, such person shall be subject to a civil
penalty of not more than $50,000 for each violation or the amount of
compensation which the person received or offered for the prohibited
conduct, whichever amount is greater.
``(b) Injunctive Relief.--If the Attorney General has reason to
believe that a person is engaged in conduct constituting an offense
under section 251, the Attorney General may petition an appropriate
United States district court for an order prohibiting that person from
engaging in such conduct. The court may issue an order prohibiting that
person from engaging in such conduct if the court finds that the
conduct constitutes such an offense.
``(c) Civil Action.--Whoever engages in conduct constituting an
offense under section 251 is liable in a civil action to any person,
including an entity or group of persons, about whom such communication
were made, who were injured or harmed as a consequence of such
communication, or whose property was injured or harmed as a consequence
of such communication, whether or not such person or entity was
identified by name in the communication, in an action for damages
occasioned by such communication, for injunctive relief, or for other
appropriate relief. The court may grant any such relief upon finding by
a preponderance of the evidence that the defendant has engaged in
conduct constituting an offense under section 251.
``(d) Rule of Construction.--Nothing in this section shall be
construed to preclude any other criminal or civil statutory, common
law, or administrative remedy, which is available by law to the United
States or any other person.''.
SEC. 5. TREATMENT OF CERTAIN PUBLISHERS OR SPEAKERS.
(a) Treatment of Publisher or Speaker.--Section 230(c)(1) of the
Communications Act of 1934 (47 U.S.C. 230(c)(1)) is amended to read as
follows:
``(1) Treatment of publisher or speaker.--
``(A) In general.--In any civil action against a
provider or user of an interactive computer service
arising from information provided by another
information content provider, the interactive computer
service shall not be held liable as the publisher or
speaker of that information unless the interactive
computer service--
``(i) engages in targeting the
dissemination of the content to an individual
or specific group of individuals;
``(ii) acts knowingly, recklessly or
negligently in encouraging or facilitating the
spread of misinformation, disinformation, or
violence; or
``(iii) intentionally engages in a course
of business that receives a financial benefit
from amplifying misinformation, disinformation,
or violence.
``(B) Interactive computer service.--In this
paragraph, the term `interactive computer service'
includes an agent, affiliate, vendor, or other person
acting on behalf of the interactive computer
service.''.
(b) Targeting the Dissemination of Content.--Section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)) is amended by inserting
at the end the following:
``(5) Targeting the dissemination of content.--The term
`targeting the dissemination of content to a particular
individual or specific group of individuals'--
``(A) means to--
``(i) perform or cause to perform any
computational process (including one based on
algorithmic models, machine learning,
statistical analysis, or other data processing
or artificial intelligence techniques) designed
to transmit or display, highlight, emphasize,
or make more prominent, the content to a subset
of the users of such platform selected based on
personal information pertaining to the
individuals who make up the subset of users; or
``(ii) allow another person to instruct an
interactive computer service to transmit or
display, highlight, emphasize, or make more
prominent, the content to a subset of the users
of such interactive computer service, including
by providing to such interactive computer
service a list of individuals, contact
information of individuals or other personal
information that can be used to identify
individuals; and
``(B) does not include displaying, highlighting,
emphasizing, or making more prominent, content in
direct response to requests made or search terms
entered by an individual, such that any individual
making such requests or entering such search terms
would produce the same display, does not constitute
targeting under this section.
``(6) Personal information.--The term `personal
information' means any information that is linked or reasonably
linkable to a specific individual or a specific device,
including an individual's actual or perceived characteristics
or demographics and information that may be derived from such
individual's internet browsing history, and including de-
identified information.''.
(c) Restrictions on Targeted Online Advertising.--
(1) In general.--Part I of title II of the Communications
Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting at
the end the following:
``SEC. 232. RESTRICTIONS ON TARGETED ONLINE ADVERTISING.
``(a) Restrictions on Advertisements Targeted at Individuals or at
Specific Groups of Individuals.--
``(1) Restrictions.--A covered online platform or an agent,
affiliate, vendor, or other person acting on behalf of such a
platform may not target the dissemination of an advertisement
on such platform to an individual or to a specific group of
individuals on any basis.
``(2) Actions constituting targeting.--A covered online
platform or an agent, affiliate, vendor, or other person acting
on behalf of such a platform shall be considered to target the
dissemination of an advertisement to an individual or to a
specific group of individuals if such platform--
``(A)(i) performs or causes to perform any
computational process (including one based on
algorithmic models, machine learning, statistical
analysis, or other data processing or artificial
intelligence techniques) designed to transmit or
display, highlight, emphasize, or make more prominent,
the advertisement to a subset of the users of such
platform selected based on personal information
pertaining to the individuals who make up the subset of
users; or
``(ii) allows another person to instruct a covered
online platform to transmit or display, highlight,
emphasize, or make more prominent, the advertisement to
a subset of the users of such platform, including by
providing to such platform a list of individuals,
contact information of individuals, or other personal
information that can be used to identify individuals;
and
``(B) receives a fee or other payment, directly or
indirectly, for disseminating the advertisement or
providing the information.
``(3) Sorting based on individual search terms or
requests.--Displaying, highlighting, emphasizing or making more
prominent, advertising or other content in direct response to
requests made or search terms entered by an individual, such
that any individual making such requests or entering such
search terms would produce the same display, does not
constitute targeting under this subsection.
``(b) Private Right of Action.--
``(1) Enforcement by individuals.--
``(A) In general.--Any person alleging a violation
of this section by a covered online platform may bring
a civil action in any State or Federal court of
competent jurisdiction.
``(B) Relief.--In a civil action brought under this
paragraph in which the plaintiff prevails, the court
may award--
``(i) an amount not less than $100 and not
greater than $1,000 per violation against any
person who negligently violates a provision of
this section;
``(ii) an amount not less than $500 and not
greater than $5,000 per violation against any
person who recklessly, willfully, or
intentionally violates a provision of this
section;
``(iii) reasonable attorney's fees and
litigation costs; and
``(iv) any other relief, including
equitable or declaratory relief, that the court
determines appropriate.
``(C) Injury in fact.--A violation of this section
constitutes a concrete and particularized injury in
fact to an individual.
``(2) Invalidity of pre-dispute arbitration agreements and
pre-dispute joint action waivers.--
``(A) In general.--Notwithstanding any other
provision of law, no pre-dispute arbitration agreement
or pre-dispute joint action waiver shall be valid or
enforceable with respect to a dispute arising under
this section.
``(B) Applicability.--Any determination as to
whether or how this section applies to any dispute
shall be made by a court, rather than an arbitrator,
without regard to whether such agreement purports to
delegate such determination to an arbitrator.
``(C) Definitions.--In this section:
``(i) Dispute.--The term `dispute' means
any claim related to an alleged violation of
this section and between an individual and a
covered organization.
``(ii) Pre-dispute arbitration agreement.--
The term `pre-dispute arbitration agreement'
means any agreement to arbitrate a dispute that
has not arisen at the time of making the
agreement.
``(iii) Pre-dispute joint-action waiver.--
The term `pre-dispute joint-action waiver'
means an agreement, whether or not part of a
pre-dispute arbitration agreement, that would
prohibit, or waive the right of, one of the
parties to the agreement to participate in a
joint, class, or collective action in a
judicial, arbitral, administration, or other
forum, concerning a dispute that has not yet
arisen at the time of making the agreement.
``(c) Enforcement by Attorney General.--
``(1) Civil action.--The Attorney General may bring a civil
action in the appropriate United States district court against
any person who engages in conduct in violation of this section.
In any such action the district court may award appropriate
relief in including a civil penalty of not more than $50,000
for each violation or the amount of compensation which the
person received or offered for the prohibited conduct,
whichever amount is greater. The imposition of a civil penalty
under this subsection does not preclude any other remedy, which
is available by law to the United States or any other person.
``(2) Injunctive relief.--If the Attorney General has
reason to believe that a person is engaged in conduct in
violation of this section, the Attorney General may petition an
appropriate United States district court for an order
prohibiting that person from engaging in such conduct. The
court may issue an order prohibiting that person from engaging
in such conduct if the court finds that the conduct constitutes
such a violation. The filing of a petition under this section
does not preclude any other remedy which is available by law to
the United States or any other person.
``(d) Effective Date.--This section shall take effect 90 days after
the date of the enactment of the Big Tech Accountability Act.
``(e) Definitions.--In this section:
``(1) Covered online platform.--The term `covered online
platform' means any website, web application, mobile
application, smart device application, digital application
(including a social network, or search engine), or advertising
network (including a network disseminating advertisements on
another website, web application, mobile application, smart
device application, or digital application).
``(2) Governmental district.--The term `governmental
district' means any of the following:
``(A) Each State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands.
``(B) Indian and tribal lands as defined and
recognized under Federal law.
``(C) A county, municipality, city, town, township,
village, borough, or similar unit of general government
incorporated under State law or as defined by the
Census Bureau.
``(D) A congressional district.
``(3) Personal information.--The term `personal
Information' means any information that is linked or reasonably
linkable to a specific individual or a specific device,
including an individual's actual or perceived characteristics
or demographics and information that may be derived from such
individual's internet browsing history, and including de-
identified information.
``SEC. 233. RESTRICTIONS ON COLLECTION, AGGREGATION AND SALE OF
PERSONAL INFORMATION.
``(a) Congressional Finding.--The Congress finds that the
widespread practice of websites, internet service companies, and data
brokers, among others, collecting, aggregating and selling personal
information of individuals derived from their internet activity
(`online personal information') poses a grave threat to personal
privacy and autonomy.
``(b) Congressional Purpose and Policy.--The Congress declares it
to be its purpose and policy to protect personal privacy and autonomy
by restricting the exploitive collection, aggregation, and sale of
online personal information and to prohibit the collection, aggregation
and sale of any individual's online personal information without the
genuine, informed and meaningful consent of such individual.
``(c) FTC Recommendations To Prohibit the Aggregation and Sale of
Personal Information Without Consent.--In order to protect personal
privacy and autonomy, the Federal Trade Commission is hereby directed
to study and make recommendations for specific reforms and legislation
restricting the collection, aggregation, or sale of online personal
information and prohibiting the collection, aggregation, or sale of any
individual's online personal information without the genuine, informed,
and meaningful consent of such individual. Among other provisions, the
Federal Trade Commission shall include in its recommendations,
provisions establishing that blanket consent obtained as a condition to
accessing information or services on the internet shall not be
considered meaningful consent.
``(d) Deadline for FTC Recommendations.--The Federal Trade
Commission shall submit a report to Congress containing the
recommendations required by this section within 120 days of the date of
enactment of the Big Tech Accountability Act.''.
SEC. 6. CLERICAL AMENDMENT.
(a) Chapter 13.--The table of contents for chapter 13 of title 18,
United States Code, is amended by inserting after the item relating to
section 250 the following new items:
``251. Criminal liability for amplifying encouragement of violence.
``252. Civil penalties, injunction and damages for violations of
section 251.''.
(b) Chapter 47.--The table of contents for chapter 47 of title 18,
United States Code, is amended by inserting after the item relating to
section 1040 the following new items:
``1041. False information about essential government services or
processes.
``1042. Civil penalties, injunction, and damages for violations of
section 1041.''.
<all>