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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6334 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6334
To amend section 230 of the Communications Act of 1934 and the TAKE IT
DOWN Act to combat cyberstalking and intimate privacy violations, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2025
Mr. Auchincloss (for himself and Ms. Maloy) 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 and the TAKE IT
DOWN Act to combat cyberstalking and intimate privacy violations, 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 ``Deepfake Liability Act''.
SEC. 2. AMENDMENTS TO SECTION 230 OF COMMUNICATIONS ACT OF 1934.
(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 and intimate privacy
violations.--
``(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 and
intimate privacy violations that includes, at a
minimum, the following:
``(I) A process to prevent, to the
extent practicable, cyberstalking and
intimate privacy violations.
``(II) A clear and accessible
process to implement section 3(a) of
the TAKE IT DOWN Act (47 U.S.C.
223a(a)) (relating to notice and
removal of intimate privacy violations
and content relating to cyberstalking).
``(III) Minimum data logging
requirements that--
``(aa) preserve data
necessary for legal proceedings
related to cyberstalking or an
intimate privacy violation; and
``(bb) ensure that
preserved data is not
transferred or otherwise used
for a purpose other than a
legal proceeding related to
cyberstalking or an intimate
privacy violation.
``(IV) A process to remove or block
content that has been determined
unlawful by a court.
``(V) Any other process or
requirement determined necessary by the
Commission to address cyberstalking and
intimate privacy violations.
``(ii) Definitions.--In this subparagraph:
``(I) Consent.--The term `consent'
has the meaning given such term in
section 223(h)(1).
``(II) Cyberstalking.--The term
`cyberstalking' means a deliberate
course of conduct--
``(aa) directed at a
specific individual;
``(bb) that causes the
individual to suffer
substantial emotional distress
or the fear of bodily harm; and
``(cc) that would cause a
reasonable individual to suffer
substantial emotional distress
or the fear of bodily harm.
``(III) 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 sexually explicit
digital forgery made or shared
without the consent of an
individual portrayed in the
sexually explicit digital
forgery.
``(IV) Intimate visual depiction.--
The term `intimate visual depiction'
has the meaning given such term in
section 1309(a) of division W of the
Consolidated Appropriations Act, 2022
(15 U.S.C. 6851(a)).
``(V) Sexually explicit digital
forgery.--The term `sexually explicit
digital forgery' has the meaning given
such term in section 223(h)(1).''.
(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, encouragement, or the use of a
generative model)''.
SEC. 3. AMENDMENTS TO TAKE IT DOWN ACT.
(a) Criminal Prohibitions.--
(1) Sexually explicit digital forgeries.--Section 223(h) of
the Communications Act of 1934 (47 U.S.C. 223(h)) is amended--
(A) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) Sexually explicit digital forgery.--The term
`sexually explicit digital forgery' means an intimate
visual depiction of an identifiable individual that has
been created, materially manipulated, altered, or
annotated so that such depiction is virtually
indistinguishable from an authentic visual depiction of
such individual.'';
(B) in paragraph (3)--
(i) in the heading, by striking ``digital
forgeries'' and inserting ``sexually explicit
digital forgeries''; and
(ii) by striking ``digital forgery'' each
place it appears and inserting ``sexually
explicit digital forgery''; and
(C) in paragraph (6)(B), in the heading, by
striking ``digital forgeries'' and inserting ``sexually
explicit digital forgeries''.
(2) Elimination of certain exceptions.--Section 223(h) of
the Communications Act of 1934 (47 U.S.C. 223(h)), as amended
by the preceding provisions of this Act, is further amended--
(A) in paragraph (2)(C)--
(i) in clause (iii), by striking the
semicolon and inserting ``; or'';
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause
(iv); and
(B) in paragraph (3)(C)--
(i) in clause (iii), by striking the
semicolon and inserting ``; or'';
(ii) by striking clause (iv); and
(iii) by redesignating clause (v) as clause
(iv).
(b) Notice and Removal Process.--
(1) In general.--Section 3 of the TAKE IT DOWN Act (47
U.S.C. 223a) is amended--
(A) in the heading, by striking ``nonconsensual
intimate visual depictions'' and inserting ``intimate
privacy violations and content relating to
cyberstalking'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Notice and removal process.--
``(A) Establishment.--A covered platform shall
establish a process whereby a covered individual (or an
authorized person acting on behalf of such individual)
may--
``(i) notify the covered platform of--
``(I) an intimate privacy violation
or content relating to cyberstalking
published on the covered platform--
``(aa) that includes a
depiction of the covered
individual;
``(bb) that was published
without the consent of the
covered individual;
``(cc) that depicts matter
that was not voluntarily
exposed by the covered
individual in a public or
commercial setting;
``(dd) that does not depict
a matter of public concern; and
``(ee) publication of
which--
``(AA) causes the
covered individual to
suffer substantial
emotional distress or
the fear of bodily
harm; and
``(BB) would cause
a reasonable individual
to suffer substantial
emotional distress or
the fear of bodily
harm; or
``(II) content relating to
cyberstalking published on the covered
platform--
``(aa) that is directed at
the covered individual;
``(bb) that was published
without the consent of the
covered individual;
``(cc) that does not refer
to a matter of public concern;
and
``(dd) publication of
which--
``(AA) causes the
covered individual to
suffer substantial
emotional distress or
the fear of bodily
harm; and
``(BB) would cause
a reasonable individual
to suffer substantial
emotional distress or
the fear of bodily
harm; and
``(ii) submit a request for the covered
platform to remove such intimate privacy
violation or content relating to cyberstalking.
``(B) Requirements.--A notification and request for
removal of an intimate privacy violation or content
relating to cyberstalking submitted under the process
established under subparagraph (A) shall include, in
writing--
``(i) a physical or electronic signature of
the covered individual (or an authorized person
acting on behalf of such individual);
``(ii) an identification of, and
information reasonably sufficient for the
covered platform to locate, the intimate
privacy violation or content relating to
cyberstalking;
``(iii) a brief statement that the covered
individual has a good faith belief that the
intimate privacy violation or content relating
to cyberstalking was published without the
consent of the covered individual, including
any relevant information for the covered
platform to determine that the intimate privacy
violation or content relating to cyberstalking
was published without the consent of the
covered individual;
``(iv) information sufficient to enable the
covered platform to contact the covered
individual (or an authorized person acting on
behalf of such individual); and
``(v) a statement that the information in
the notification and request for removal is
accurate, and, under penalty of perjury, that
the party submitting the notification and
request for removal is the covered individual
depicted in the intimate privacy violation or
content relating to cyberstalking or the
covered individual at whom the content relating
to cyberstalking is directed (or an authorized
person acting on behalf of such individual).
``(2) Notice of process.--A covered platform shall provide
on the platform a clear and conspicuous notice, which may be
provided through a clear and conspicuous link to another web
page or disclosure, of the notice and removal process
established under paragraph (1)(A) that--
``(A) is easy to read and in plain language; and
``(B) provides information regarding the
responsibilities of the covered platform under this
section, including a description of how an individual
can submit a notification and request for removal.
``(3) Removal of intimate privacy violations and content
relating to cyberstalking.--Upon receiving a valid removal
request from a covered individual (or an authorized person
acting on behalf of such individual) using the process
described in paragraph (1)(A)(ii), a covered platform shall, as
soon as possible, but not later than 48 hours after receiving
such request--
``(A) remove the intimate privacy violation or
content relating to cyberstalking; and
``(B) make reasonable efforts to identify and
remove any known identical copies of the intimate
privacy violation or content relating to cyberstalking.
``(4) Limitation on liability.--A covered platform shall
not be liable for any claim based on the covered platform's
good faith disabling of access to, or removal of, material
claimed to be a nonconsensual intimate privacy violation or
nonconsensual content relating to cyberstalking based on facts
or circumstances from which the unlawful publishing of an
intimate privacy violation or content relating to cyberstalking
is apparent, regardless of whether the intimate privacy
violation or content relating to cyberstalking is ultimately
determined to be unlawful or not.''; and
(C) in subsection (b)(2)--
(i) in subparagraph (A), by striking
``Except as provided in subparagraph (D), the''
and inserting ``The''; and
(ii) by striking subparagraph (D).
(2) Definitions.--Section 4 of the TAKE IT DOWN Act (47
U.S.C. 223a note) is amended by striking paragraphs (2) and (3)
and inserting the following:
``(2) Consent.--The term `consent' has the meaning given
such term in section 223(h)(1) of the Communications Act of
1934 (47 U.S.C. 223(h)(1)).
``(3) Covered individual.--The term `covered individual'
means--
``(A) an individual--
``(i) who appears in whole or in part in an
intimate privacy violation or content relating
to cyberstalking; and
``(ii) whose face, likeness, or other
distinguishing characteristic (including a
unique birthmark or other recognizable feature)
is displayed in connection with such intimate
privacy violation or content relating to
cyberstalking; and
``(B) a specific individual at whom content
relating to cyberstalking is directed.
``(4) Covered platform.--
``(A) In general.--The term `covered platform'
means a website, online service, online application, or
mobile application that is accessible to the public.
``(B) Exclusions.--The term `covered platform' does
not include the following:
``(i) A provider of broadband internet
access service (as described in section 8.1(b)
of title 47, Code of Federal Regulations, or
any successor regulation).
``(ii) Electronic mail.
``(iii) A messaging service.
``(iv) A data storage service.
``(5) Cyberstalking.--The term `cyberstalking' has the
meaning given such term in section 230(c)(1)(B)(ii) of the
Communications Act of 1934 (47 U.S.C. 230(c)(1)(B)(ii)).
``(6) Intimate privacy violation.--The term `intimate
privacy violation' has the meaning given such term in section
230(c)(1)(B)(ii) of the Communications Act of 1934 (47 U.S.C.
230(c)(1)(B)(ii)).''.
SEC. 4. GENERAL PROVISIONS.
(a) 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 and (as appropriate) with
the Attorney General, shall promulgate regulations under section 553 of
title 5, United States Code, to implement the amendments made by this
Act.
(b) Applicability.--The amendments made by this Act shall apply to
information made available on an interactive computer service (as
defined in section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f))) or a covered platform (as defined in section 4 of the TAKE IT
DOWN Act (47 U.S.C. 223a note), as amended by this Act) on or after the
date of the enactment of this Act.
(c) 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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