; (B) information about a matter of public interest; or (C) any other information the publication or sharing of which is protected by the First Amendment to the Constitution of the United States; and (2) shall consult with the appropriate congressional committees. (d) Penalties (1) Liable persons (A) In general In addition to any person that commits an unlawful act described in subsection (a) of section 1760, an officer or employee of an organization has committed an unlawful act subject to penalties under that section if the officer or employee knew or should have known that another employee of the organization who reports, directly or indirectly, to the officer or employee was directed to export, reexport, or in-country transfer covered personal data in violation of this section and subsequently did export, reexport, or in-country transfer such data. (B) Exceptions and clarifications (i) Intermediaries not liable An intermediate consignee (as defined in section 772.1 of the Export Administration Regulations (or any successor regulation)) or other intermediary is not liable for the export, reexport, or in-country transfer of covered personal data in violation of this section when acting as an intermediate consignee or other intermediary for another person. (ii) Special rule for certain applications In a case in which an application installed on an electronic device transmits or causes the transmission of covered personal data without being directed to do so by the owner or user of the device who installed the application, the developer of the application, and not the owner or user of the device, is liable for any violation of this section. (2) Criminal penalties In determining an appropriate term of imprisonment under section 1760(b)(2) with respect to a person for a violation of this section, the court shall consider— (A) how many covered individuals had their covered personal data exported, reexported, or in-country transferred in violation of this section; (B) any harm that resulted from the violation