JAWBONE Act

The Justice Against Weaponized Bureaucratic Overreach to Networked Expression Act, or JAWBONE Act, aims to safeguard freedom of speech and independent editorial judgment by limiting government influence over private speech platforms. It establishes a new federal cause of action making it unlawful for any federal agency or employee to coerce or attempt to coerce broadcasters, interactive computer services, or artificial intelligence systems into taking "content actions." This prohibition applies if a reasonable person would understand the government's action to be for the purpose of incentivizing such content changes, with "coerce" defined by factors like tone, regulatory authority, implied threats, and whether the recipient acted against its own policies.

A "content action" is broadly defined to include adding, altering, or removing information, changing its presentation, limiting user interaction, or modifying moderation policies across these platforms. However, the prohibition does not apply to actions taken pursuant to lawful investigations or enforcement, actions authorized by a warrant, or directions related to the government's official use of a platform, with the burden of proving these exceptions lying with the government.

To enforce this prohibition, the bill creates a private right of action, allowing any aggrieved person, including information content providers, to bring a civil suit for compensatory damages and equitable relief. Federal employees sued are entitled to Department of Justice representation and federal indemnification, unless found to have acted willfully and wantonly. State Attorneys General are also empowered to bring civil actions on behalf of their residents.

Beyond direct prohibition, the JAWBONE Act mandates increased transparency for government communications with these private platforms. The National Institute of Standards and Technology (NIST) is directed to develop standards for federal agencies to log "covered communications" regarding expression, excluding classified information, child sexual abuse material, and communications falling under the bill's exceptions.

Finally, the Director of the Office of Science and Technology Policy (OSTP) must establish a public portal where agencies transmit these logged communications every 120 days. A publicly accessible website will summarize these communications, highlighting any implied or express requests for content actions, with provisions for redacting sensitive information. The bill also creates a provider complaint process for alleged violations and mandates biennial audits by agency Inspectors General to ensure compliance with these logging and transmittal requirements.