,,ii  #aagth ,,congress  #ast ,session  
,s4 #biag  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #cj1
 #bjba,mr4 ,hawley introduced the       
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to establish a  
,federal tort against social media      
companies that cause bodily injury to   
children or harm the mental health of   
children4  #a4 ,short title ,this ,act  
may be cited as the ,federal ,big ,tech 
,tort ,act4  #b4 ,federal tort for      
social media harm to children  7a7      
,definitions ,in this section-- 7#a7 the
 term covered interactive computer      
service means an interactive computer   
service-- 7,a7 provided through a       
website1 online application1 or mobile  
application 7including a single         
interactive computer service that is    
provided through more than one such     
website or application72  7,b7 through  
which information provided by another   
information content provider is         

distributed2  7,c7 that enables an      
individual user to create an account for
 the purpose of viewing1 generating1 or 
modifying content that can be viewed1   
shared1 or otherwise interacted with by 
other third-party users of the          
interactive computer service2 and  7,d7 
that does not have peer-to-peer         
messaging as its principal function2    
7#b7 the term interactive computer      
service has the meaning given the term  
in section #bcj of the ,communications  
,act of #aicd 7#dg ,u4,s4,c4 #bcj72 and 
7#c7 the term social media company--    
7,a7 means a company that provides1 in  
or affecting interstate or foreign      
commerce1 a covered interactive computer
 service2 and  7,b7 does not include an 
organization described in section       
#eja7;c7 of the ,internal ,revenue ,code
 of #aihf and exempt from taxation under
 section #eja7;a7 of such ,code4  7b7   
,liability ,a social media company shall
 be liable in accordance with this      
section to any individual who suffers   

bodily injury or harm to mental health  
that is attributable1 in whole or in    
part1 to the individual's use of a      
covered interactive computer service    
provided by the social media company    
when the individual was less than #af   
years of age4  7c7 ,private right of    
action ,an individual who suffers bodily
 injury or harm to mental health that is
 attributable1 in whole or in part1 to  
the individual's use of a covered       
interactive computer service provided by
 a social media company as described in 
subsection 7b7 may bring a civil action 
against the social media company in an  
appropriate district court of the       
,united ,states or a ,state court of    
competent jurisdiction for-- 7#a7       
compensatory damages in an amount equal 
to the greater of-- 7,a7 the amount     
obtained by-- 7i7 for each year in which
 the individual suffered such injury or 
harm attributable1 in whole or in part1 
to such use1 dividing-- 7,i7 the annual 
revenue of the social media company in  

the ,united ,states during that year1 by
  7,,ii7 the number of active users of  
the covered interactive computer service
 during the month that had the fewest   
such users during that year2 and  7ii7  
adding together the amounts calculated  
under clause 7i7 for each year in which 
the individual suffered such injury or  
harm attributable1 in whole or in part1 
to such use2 or  7,b7 actual damages2   
7#b7 punitive damages2 and  7#c7        
attorney's fees and costs4  7d7         
,affirmative defense ,it shall be an    
affirmative defense to an action brought
 by or on behalf of a user of a covered 
interactive computer service provided by
 a social media company under subsection
 7c7 that the social media company1 at  
all relevant times-- 7#a7 took          
reasonable1 affirmative steps to        
ascertain the age of each user of the   
covered interactive computer service2   
and  7#b7 did not know and had no reason
 to know that the user in question was  
less than #af years of age when the user

 used the interactive computer service4 
7e7 ,effective date2 applicability ,this
 ,act-- 7#a7 shall take effect on the   
date that is #ahj days after the date of
 enactment of this ,act2 and  7#b7 shall
 not apply to any use of a covered      
interactive computer service that took  
place before the effective date under   
paragraph 7#a74