Actually, this Bill, IF ENACTED, doesn't really change anything because the common law of torts already allows the same cause of action. Its called aiding and abetting tortous conduct and its pretty much the same thing except the bill tossed in "terrorism" and "felony."
In practice, the standard of proof required for this action is closer to that in the criminal law than that in tort law - clear and convincing.
And ALL of the elements must be met - the big proof issue is "must be a cause" of the injury. This is something very hard to prove absent someone saying "yeah I meant for that to happen."
The Bill provides for "Damages" which is a very specific remedy that awards money for pain, suffering, and past and future medical expenses. So to get anything you have to have medical bills already - hurt feelings isn't going to get you anything.
Anyway, if the bill is passed all an author has to do is incorporate or create an LLC who then owns the copyright to the work. The Bill only applied to a "person" and a Corporation/LLC is not a person.
I think its just political BS... election year and all....
and we haven't even touched on the First Amendment issues raised here....
It would never be upheld as its written by the Supremes.
IMHO
