Short title

This Act may be cited as the

Big Tech Accountability Act

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.

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:

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.

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.

Criminal Liability for Amplifying Encouragement of Violence

Chapter 13 of title 18, United States Code, is amended by inserting at the end the following:

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.

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.

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

(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:

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.

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.

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.