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119-hr-10300119th CongressWALLET

Big Tech Accountability Act

Sponsored By: Representative McGovern, James P. [D-MA-2]

Introduced

Summary

This bill would tighten rules on online platforms to curb targeted misinformation and targeted advertising, creating new criminal offenses, civil penalties, and a narrow ban on ad targeting that relies on personal data.

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  • Platforms and publishers would face criminal liability for knowingly spreading "fraudulent civic misinformation" about essential government services or processes, punishable by up to 5 years in prison, and for amplifying calls for violence that reach large online audiences, punishable by up to 2 years. These crimes also extend to platforms that use individualized targeting to push such content.
  • Covered online platforms and their intermediaries would be banned from targeting ads to individuals or specific groups based on personal information. That ad ban would take effect 90 days after enactment and the Federal Trade Commission would have 120 days to report recommendations on restricting collection and sale of online personal data.
  • Individuals would gain a private right of action for targeted-ad violations, with statutory damages, attorney fees, and other relief. The Attorney General could bring civil suits tied to misinformation or violent-amplification violations and seek civil penalties up to $50,000 per violation.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Ban on targeted online advertising

If enacted, this bill would ban covered online platforms from targeting an advertisement to a person or specific group using personal data. Individuals could sue in state or federal court and recover $100–$1,000 per negligent violation or $500–$5,000 per reckless or intentional violation, plus attorney fees. The Attorney General could seek civil penalties up to $50,000 per violation. The ad ban and private right to sue would start 90 days after enactment.

Crackdown on fraudulent civic misinformation

If enacted, this bill would make it a federal crime to knowingly spread materially false civic information across state lines. Publishing entities or people who use targeted methods to spread that misinformation could face fines and up to 5 years in prison. The Attorney General could sue for civil penalties up to $50,000 per violation, and private victims could recover emergency, correction, medical, legal costs, and other losses. These changes would take effect upon enactment.

Narrower platform legal immunity

If enacted, this bill would narrow Section 230 protection for online services. Platforms could lose immunity if they target content to specific people or groups, knowingly help spread misinformation or violence, or run a business that profits from amplifying such content. The change would include agents, affiliates, and vendors as part of the service. These amendments would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

McGovern, James P. [D-MA-2]

MA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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