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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9187 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9187
To amend section 230 of the Communications Act of 1934 to combat
cyberstalking, intimate privacy violations, and digital forgeries, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Mr. Auchincloss (for himself and Mrs. Hinson) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend section 230 of the Communications Act of 1934 to combat
cyberstalking, intimate privacy violations, and digital forgeries, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intimate Privacy Protection Act''.
SEC. 2. CYBERSTALKING, INTIMATE PRIVACY VIOLATIONS, AND DIGITAL
FORGERIES.
(a) Duty of Care.--Section 230(c)(1) of the Communications Act of
1934 (47 U.S.C. 230(c)(1)) is amended--
(1) by striking ``No provider'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), no provider''; and
(2) by adding at the end the following:
``(B) Cyberstalking, intimate privacy violations,
and digital forgeries.--
``(i) Duty of care.--Subparagraph (A) only
applies to a provider of an interactive
computer service if such provider is
implementing, with respect to the interactive
computer service of the provider, a reasonable
process for addressing cyberstalking, intimate
privacy violations, and digital forgeries that
includes, at a minimum, the following:
``(I) A process to prevent, to the
extent practicable, cyberstalking,
intimate privacy violations, and
digital forgeries.
``(II) A clear and accessible
process to report cyberstalking,
intimate privacy violations, and
digital forgeries.
``(III) A process for investigating
each report of cyberstalking, an
intimate privacy violation, or a
digital forgery.
``(IV) A process to remove (or
otherwise make unavailable), within 24
hours, information the provider knows,
or has reason to know, is
cyberstalking, an intimate privacy
violation, or a digital forgery.
``(V) Minimum data logging
requirements that--
``(aa) preserve data
necessary for legal proceedings
related to cyberstalking, an
intimate privacy violation, or
a digital forgery; and
``(bb) ensure that
preserved data is not
transferred or otherwise used
for a purpose other than a
legal proceeding related to
cyberstalking, an intimate
privacy violation, or a digital
forgery.
``(VI) A process to remove or block
content that has been determined
unlawful by a court.
``(VII) Any other process or
requirement determined necessary by the
Commission to address cyberstalking,
intimate privacy violations, and
digital forgeries.
``(ii) Definitions.--In this subparagraph:
``(I) Cyberstalking.--The term
`cyberstalking' means a course of
conduct--
``(aa) directed at a
specific individual; and
``(bb) that causes the
individual, or would cause a
reasonable individual, to
suffer substantial emotional
distress or the fear of bodily
harm.
``(II) Digital forgery.--The term
`digital forgery' means digital
audiovisual material--
``(aa) created,
manipulated, or altered to be
virtually indistinguishable
from an authentic record of the
speech, conduct, or appearance
of an individual despite not
being an authentic record of
such speech, conduct, or
appearance; and
``(bb) that is reasonably
likely to cause harm.
``(III) Intimate visual
depiction.--The term `intimate visual
depiction' has the meaning given that
term in section 1309(a) of division W
of the Consolidated Appropriations Act,
2022 (15 U.S.C. 6851(a)).
``(IV) Intimate privacy
violation.--The term `intimate privacy
violation' means the following:
``(aa) An intimate visual
depiction obtained or shared
without the consent of an
individual portrayed in the
depiction.
``(bb) A digital forgery of
an intimate visual depiction
made or shared without the
consent of an individual
portrayed in the depiction.''.
(b) Information Content Provider Defined.--Section 230(f)(3) of the
Communications Act of 1934 (47 U.S.C. 230(f)(3)) is amended by striking
``creation or development'' and inserting ``creation or development
(including through solicitation or encouragement)''.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission, in consultation
with the Federal Communications Commission, shall promulgate
regulations under section 553 of title 5, United States Code, to
implement the amendments made by this Act.
(d) Applicability.--The amendments made by this Act shall apply to
information made available on an interactive computer service on or
after the date of the enactment of this Act.
(e) Rule of Construction.--The amendments made by this Act may not
be construed to infringe upon any right protected under the First
Amendment to the Constitution.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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