Big Tech Accountability Act

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— shall be fined under this title or imprisoned not more than 2 years, or both.

(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,

(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.