JAWBONE Act

The JAWBONE Act creates a federal cause of action against government coercion of broadcasters, interactive computer services, and artificial intelligence system providers to take content actions, and establishes logging and transparency requirements for government communications with these entities. Sec. 3, Federal cause of action for jawboning: This section makes it unlawful for a federal agency or employee to coerce or attempt to coerce a broadcaster, interactive computer service provider, or AI system provider to take a content action, such as adding, altering, or removing information. Exceptions include lawful investigations, court-authorized warrants, and directions related to official government use of the platform. A person aggrieved by a violation may sue in federal court for compensatory damages, attorney fees, and equitable relief, but not punitive damages. The court must decide all relevant legal and constitutional questions. Sec. 4, Standards and guidelines for logging covered communications: The National Institute of Standards and Technology (NIST) must develop standards and guidelines within one year to help agencies collect, retain, and transmit records of covered communications, defined as the contents and metadata of communications from federal officers or employees to broadcasters, interactive computer services, or AI system providers regarding expression or moderation policies. Excluded are classified information, child sexual abuse material, and communications covered by exceptions in Sec. 3. NIST must update the guidelines every two years. Sec. 5, Portal for covered communications: The Director of the Office of Science and Technology Policy must establish a public, searchable website for covered communications, requiring each agency head to transmit new or previously unreported covered communications to the portal at least every 120 days. The website must summarize each communication and identify any implied or express requests for content actions. Sensitive information may be redacted under FOIA exemptions, but full unredacted records must be provided to specified congressional committee leaders at least once per fiscal year. The portal must also include a complaint process for providers to report alleged violations of Sec. 3, with complaints transmitted to the relevant Inspector General and congressional committees within 15 days. Each agency Inspector General must audit compliance with NIST standards and portal transmission requirements at least every two years and report findings to the Director and specified congressional leaders within 7 days. Sec. 6, Severability: If any provision of the Act or its amendments is found unenforceable or invalid, the remaining provisions remain in effect.