That wouldn't make sense, but even if that was not a joke, it would be out of scope. The legislation is likely to focus on requiring platforms to moderate content more strongly; plus maybe penalties for cyberbullying, deepfakes and such.
Being insensitive online is unlikely to ever become a crime, let alone something that can prosecuted retroactively.
There's a law, possibly international/UN or something, against making laws that retroactively criminalize stuff, so you're right, on that point.
Pretending that such things won't ever become a crime, however, when the US is at the point of criminalizing
miscarriage
some brain-wirings/genders
violating christofascist supremacism
not being a Trump-cult member
as the next few years will demonstrate,
is naive/incompetent.
Yes, criminal-law is going to be used to enforce ideological-conforming, throughout much of the West, exactly as China, Israel, Russia, etc, now "use"/abuse law.
That tipping-point has already been crossed, on this world.
If he makes new ones in the future that would be possible if they could be shown to cause harm, but you don't actually get to retroactively charge somebody for something over a decade ago that wasn't a crime then.
Speaking of over a decade ago, maybe you should move on eh?