(Below is the press release)
CHEYENNE, WY -- State Representative Daniel Singh has introduced the Wyoming Guaranteeing Rights Against Novel International Tyranny and Extortion (GRANITE) Act, HB0070, the first legislation in American history to create a comprehensive shield against foreign censorship enforcement.
"Foreign governments have decided they can threaten American citizens and American companies for speech that is protected by our Constitution. Brazil. The UK. The EU. They send letters demanding Americans take down content or face millions in fines. Wyoming is drawing a line in the sand." said Representative Singh.
The GRANITE Act establishes that foreign censorship judgments are unenforceable in Wyoming, prohibits state agencies from cooperating with foreign censorship orders, and allows
Wyoming residents and businesses to sue foreign governments that threaten them for constitutionally protected expression.
GLOBAL CENSORS: WE'RE COMING FOR YOU.GLOBAL CENSORS: WE'RE COMING FOR YOU.
The bill responds to an unprecedented wave of foreign censorship enforcement against American platforms. The United Kingdom's Ofcom has threatened American websites with fines of the greater of $24 million or 10% of their global revenue. Brazilian Supreme Court Justice Alexandre de Moraes ordered American platforms to censor accounts or face a shutdown order. The European Union just fined X.com (formerly Twitter) €120 million under its Digital Services Act.
"For eight years, foreign censorship authorities have sent my clients demands to take down content. Not once has any U.S.-based client complied. But these foreign governments keep trying because American law currently protects them from consequences. The GRANITE Act takes that immunity away," said Preston Byrne, the attorney who conceived of the legislation. "If this law is enacted, it could represent the single greatest victory for global free speech in thirty years."
What's in the GRANITE Act?What's in the GRANITE Act?
★ Private right of action against foreign states that threaten, attempt to enforce, or enforce censorship against Wyoming persons.
★ Damages of $1 million per violation OR 10% of defendant's U.S. revenue, whichever is greater, with inflation adjustment.
★ Judgment nonrecognition: Wyoming courts shall not recognize or enforce foreign censorship judgments.
★ State non-cooperation: Wyoming agencies cannot assist foreign governments in censorship enforcement.
★ Extradition protection: Wyoming will not arrest or surrender persons for speech-based foreign warrants.
★ Server protection: Covers U.S. persons whose expression originates from servers physically located in Wyoming.
The legislation positions Wyoming as a safe harbor for digital innovation. Companies that operate anywhere in the world can incorporate in Wyoming or relocate servers to the state to gain protection from foreign censorship enforcement.
"Wyoming already leads the nation in blockchain and digital asset legislation. The GRANITE Act extends that leadership to the most fundamental issue of all: the right to speak freely," said Colin Crossman, who drafted the Wyoming bill. "Foreign governments have exploited every procedural mechanism available to coerce Americans into silence. This bill blocks those mechanisms and creates real consequences for foreign governments that cross the line."
The bill is carefully structured to operate within federal constitutional limits. It defers explicitly to
the Foreign Sovereign Immunities Act and International Organizations Immunities Act, follows the model of the federal SPEECH Act that blocks foreign defamation judgments, and operates defensively to protect persons within Wyoming rather than regulating foreign conduct.
"The First Amendment doesn't stop at the water's edge just because a foreign bureaucrat sends a threatening letter. If you're in Wyoming, you speak freely. Period. Any foreign government that tries to change that is going to find out what it costs," said Representative Singh.
The bill has attracted federal attention. A substantially similar version of the GRANITE Act is
reportedly under consideration by the U.S. Congress, and the White House and State Department have expressed interest.
https://twiiit.com/prestonjbyrne/status/2017224826008564002