United StatesJustice Against Sponsors of Terrorism Act, aiding-and-abetting and conspiracy liability for international terrorism
Also known as Justice Against Sponsors of Terrorism Act.
In force since .
An intermediary liability rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not knowingly provide substantial assistance to an act of international terrorism committed, planned or authorized by an organization that was designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act on the date of the act: section 2333(d)(2) reaches any person who aids and abets such an act, and section 1 of title 1 counts companies among persons.
- Do not conspire with the person who committed such an act of international terrorism.
If you get it wrong
Private right of actionYes
Statutory damages
A plaintiff who proves the claim recovers threefold the damages sustained and the cost of the suit, including attorney's fees.
- As of
Who enforces it
Enforcement body
A national of the United States injured by an act of international terrorism, or his or her estate, survivors, or heirs, in a district court of the United States under section 2333(a).
Settledness
- As of
- Case link
- https://www.supremecourt.gov/opinions/22pdf/21-1496_d18f.pdf
- Case citation
- Twitter, Inc. v. Taamneh, 598 U.S. 471 (2023)
- Open questions
- Does a service's recommendation of third-party content, as distinct from passive hosting, knowingly provide substantial assistance under section 2333(d)(2)?
- Does section 230(c)(1) bar a claim under section 2333(d)(2) against a service for content that a third party supplied?
What this law does
Section 2333(a) lets any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, sue in any appropriate district court of the United States and recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees.
Subsection (d)(2) extends that action, where the injury arose from an act of international terrorism committed, planned, or authorized by an organization that had been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act as of the date on which the act was committed, planned, or authorized, to any person who aids and abets, by knowingly providing substantial assistance, or who conspires with the person who committed the act.
Subsection (d)(1) gives the term person the meaning it has in section 1 of title 1. That definition includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals. Section 4 of Public Law 114-222 added subsection (d) to section 2333 in 2016. Public Law 114-222 may be cited as the Justice Against Sponsors of Terrorism Act.
The amendments made by that Act apply to any civil action pending on, or commenced on or after, , arising out of an injury to a person, property, or business on or after .
When LexLint raises it
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