,i #aaith ,,congress #ast ,session ,h4 ,r4 #fccd ,,in ,,the ,,house ,,of ,,representatives ,december #a1 #bjbe,mr4 ,auchincloss 7for himself and ,ms4 ,maloy7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend section #bcj of the ,communications ,act of #aicd and the ,,take ,,it ,,down ,act to combat cyberstalking and intimate privacy violations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,deepfake ,liability ,act4 #b4 ,amendments to section #bcj of ,communications ,act of #aicd 7a7 ,duty of care ,section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a77 is amended-- 7#a7 by striking ,no provider and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 no provider 2 and 7#b7 by adding at the end the following3 7,b7 ,cyberstalking and intimate privacy violations 7i7 ,duty of care ,subparagraph 7,a7 only applies to a provider of an interactive computer service if such provider is implementing1 with respect to the interactive computer service of the provider1 a reasonable process for addressing cyberstalking and intimate privacy violations that includes1 at a minimum1 the following3 7,i7 ,a process to prevent1 to the extent practicable1 cyberstalking and intimate privacy violations4 7,,ii7 ,a clear and accessible process to implement section #c7;a7 of the ,,take ,,it ,,down ,act 7#dg ,u4,s4,c4 #bbc;a7a77 7relating to notice and removal of intimate privacy violations and content relating to cyberstalking74 7,,iii7 ,minimum data logging requirements that-- 7aa7 preserve data necessary for legal proceedings related to cyberstalking or an intimate privacy violation2 and 7bb7 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 violation4 7,,iv7 ,a process to remove or block content that has been determined unlawful by a court4 7,v7 ,any other process or requirement determined necessary by the ,commission to address cyberstalking and intimate privacy violations4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,consent ,the term consent has the meaning given such term in section #bbc7;h77#a74 7,,ii7 ,cyberstalking ,the term cyberstalking means a deliberate course of conduct-- 7aa7 directed at a specific individual2 7bb7 that causes the individual to suffer substantial emotional distress or the fear of bodily harm2 and 7cc7 that would cause a reasonable individual to suffer substantial emotional distress or the fear of bodily harm4 7,,iii7 ,intimate privacy violation ,the term intimate privacy violation means the following3 7aa7 ,an intimate visual depiction obtained or shared without the consent of an individual portrayed in the depiction4 7bb7 ,a sexually explicit digital forgery made or shared without the consent of an individual portrayed in the sexually explicit digital forgery4 7,,iv7 ,intimate visual depiction ,the term intimate visual depiction has the meaning given such term in section #acji7;a7 of division ,w of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea7;a774 7,v7 ,sexually explicit digital forgery ,the term sexually explicit digital forgery has the meaning given such term in section #bbc7;h77#a74 4 7b7 ,information content provider defined ,section #bcj7;f77#c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77#c77 is amended by striking creation or development and inserting creation or development 7including through solicitation1 encouragement1 or the use of a generative model74 #c4 ,amendments to ,,take ,,it ,,down ,act 7a7 ,criminal prohibitions 7#a7 ,sexually explicit digital forgeries ,section #bbc7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;h77 is amended-- 7,a7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 ,sexually explicit digital forgery ,the term sexually explicit digital forgery means an intimate visual depiction of an identifiable individual that has been created1 materially manipulated1 altered1 or annotated so that such depiction is virtually indistinguishable from an authentic visual depiction of such individual4 2 7,b7 in paragraph 7#c7-- 7i7 in the heading1 by striking digital forgeries and inserting sexually explicit digital forgeries2 and 7ii7 by striking digital forgery each place it appears and inserting sexually explicit digital forgery2 and 7,c7 in paragraph 7#f77;,b71 in the heading1 by striking digital forgeries and inserting sexually explicit digital forgeries4 7#b7 ,elimination of certain exceptions ,section #bbc7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;h771 as amended by the preceding provisions of this ,act1 is further amended-- 7,a7 in paragraph 7#b77;,c7-- 7i7 in clause 7iii71 by striking the semicolon and inserting 2 or2 7ii7 by striking clause 7iv72 and 7iii7 by redesignating clause 7v7 as clause 7iv72 and 7,b7 in paragraph 7#c77;,c7-- 7i7 in clause 7iii71 by striking the semicolon and inserting 2 or2 7ii7 by striking clause 7iv72 and 7iii7 by redesignating clause 7v7 as clause 7iv74 7b7 ,notice and removal process 7#a7 ,in general ,section #c of the ,,take ,,it ,,down ,act 7#dg ,u4,s4,c4 #bbc;a7 is amended-- 7,a7 in the heading1 by striking nonconsensual intimate visual depictions and inserting intimate privacy violations and content relating to cyberstalking2 7,b7 by amending subsection 7a7 to read as follows3 7a7 ,in general 7#a7 ,notice and removal process 7,a7 ,establishment ,a covered platform shall establish a process whereby a covered individual 7or an authorized person acting on behalf of such individual7 may-- 7i7 notify the covered platform of-- 7,i7 an intimate privacy violation or content relating to cyberstalking published on the covered platform-- 7aa7 that includes a depiction of the covered individual2 7bb7 that was published without the consent of the covered individual2 7cc7 that depicts matter that was not voluntarily exposed by the covered individual in a public or commercial setting2 7dd7 that does not depict a matter of public concern2 and 7ee7 publication of which-- 7,,aa7 causes the covered individual to suffer substantial emotional distress or the fear of bodily harm2 and 7,,bb7 would cause a reasonable individual to suffer substantial emotional distress or the fear of bodily harm2 or 7,,ii7 content relating to cyberstalking published on the covered platform-- 7aa7 that is directed at the covered individual2 7bb7 that was published without the consent of the covered individual2 7cc7 that does not refer to a matter of public concern2 and 7dd7 publication of which-- 7,,aa7 causes the covered individual to suffer substantial emotional distress or the fear of bodily harm2 and 7,,bb7 would cause a reasonable individual to suffer substantial emotional distress or the fear of bodily harm2 and 7ii7 submit a request for the covered platform to remove such intimate privacy violation or content relating to cyberstalking4 7,b7 ,requirements ,a notification and request for removal of an intimate privacy violation or content relating to cyberstalking submitted under the process established under subparagraph 7,a7 shall include1 in writing-- 7i7 a physical or electronic signature of the covered individual 7or an authorized person acting on behalf of such individual72 7ii7 an identification of1 and information reasonably sufficient for the covered platform to locate1 the intimate privacy violation or content relating to cyberstalking2 7iii7 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 individual1 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 individual2 7iv7 information sufficient to enable the covered platform to contact the covered individual 7or an authorized person acting on behalf of such individual72 and 7v7 a statement that the information in the notification and request for removal is accurate1 and1 under penalty of perjury1 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 7or an authorized person acting on behalf of such individual74 7#b7 ,notice of process ,a covered platform shall provide on the platform a clear and conspicuous notice1 which may be provided through a clear and conspicuous link to another web page or disclosure1 of the notice and removal process established under paragraph 7#a77;,a7 that-- 7,a7 is easy to read and in plain language2 and 7,b7 provides information regarding the responsibilities of the covered platform under this section1 including a description of how an individual can submit a notification and request for removal4 7#c7 ,removal of intimate privacy violations and content relating to cyberstalking ,upon receiving a valid removal request from a covered individual 7or an authorized person acting on behalf of such individual7 using the process described in paragraph 7#a77;,a77ii71 a covered platform shall1 as soon as possible1 but not later than #dh hours after receiving such request-- 7,a7 remove the intimate privacy violation or content relating to cyberstalking2 and 7,b7 make reasonable efforts to identify and remove any known identical copies of the intimate privacy violation or content relating to cyberstalking4 7#d7 ,limitation on liability ,a covered platform shall not be liable for any claim based on the covered platform's good faith disabling of access to1 or removal of1 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 apparent1 regardless of whether the intimate privacy violation or content relating to cyberstalking is ultimately determined to be unlawful or not4 2 and 7,c7 in subsection 7b77#b7-- 7i7 in subparagraph 7,a71 by striking ,except as provided in subparagraph 7,d71 the and inserting ,the2 and 7ii7 by striking subparagraph 7,d74 7#b7 ,definitions ,section #d of the ,,take ,,it ,,down ,act 7#dg ,u4,s4,c4 #bbc;a note7 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,consent ,the term consent has the meaning given such term in section #bbc7;h77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;h77#a774 7#c7 ,covered individual ,the term covered individual means-- 7,a7 an individual-- 7i7 who appears in whole or in part in an intimate privacy violation or content relating to cyberstalking2 and 7ii7 whose face1 likeness1 or other distinguishing characteristic 7including a unique birthmark or other recognizable feature7 is displayed in connection with such intimate privacy violation or content relating to cyberstalking2 and 7,b7 a specific individual at whom content relating to cyberstalking is directed4 7#d7 ,covered platform 7,a7 ,in general ,the term covered platform means a website1 online service1 online application1 or mobile application that is accessible to the public4 7,b7 ,exclusions ,the term covered platform does not include the following3 7i7 ,a provider of broadband internet access service 7as described in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation74 7ii7 ,electronic mail4 7iii7 ,a messaging service4 7iv7 ,a data storage service4 7#e7 ,cyberstalking ,the term cyberstalking has the meaning given such term in section #bcj7;c77#a77;,b77ii7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a77;,b77ii774 7#f7 ,intimate privacy violation ,the term intimate privacy violation has the meaning given such term in section #bcj7;c77#a77;,b77ii7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a77;,b77ii774 4 #d4 ,general provisions 7a7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,trade ,commission1 in consultation with the ,federal ,communications ,commission and 7as appropriate7 with the ,attorney ,general1 shall promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to implement the amendments made by this ,act4 7b7 ,applicability ,the amendments made by this ,act shall apply to information made available on an interactive computer service 7as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f777 or a covered platform 7as defined in section #d of the ,,take ,,it ,,down ,act 7#dg ,u4,s4,c4 #bbc;a note71 as amended by this ,act7 on or after the date of the enactment of this ,act4 7c7 ,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 ,constitution4