H.R. 6334: Deepfake Liability Act

This bill, known as the Deepfake Liability Act, proposes changes to existing laws concerning online platforms and their responsibilities regarding cyberstalking and intimate privacy violations. Here are the key points of the bill:

Changes to Section 230 of the Communications Act

The bill amends Section 230 which currently provides immunity to online platforms (like social media companies) from liability for content posted by users. Key changes include:

• Duty of Care: Online platforms must create and implement a reasonable process to address incidents of cyberstalking and intimate privacy violations. This includes:
• Implementing practices to prevent cyberstalking and intimate privacy violations.
• Providing a clear process for users to report such violations.
• Keeping certain data logs related to these incidents for potential legal proceedings.
• Removing content deemed unlawful by a court.
• Definitions: The bill also clarifies definitions related to consent, cyberstalking, and intimate privacy violations, specifying actions that constitute each.

Amendments to the TAKE IT DOWN Act

Additionally, the bill makes alterations to the TAKE IT DOWN Act, which is primarily focused on removing intimate privacy violations from online platforms. Changes include:

• Prohibition on Sexually Explicit Digital Forgeries: The bill emphasizes the seriousness of sexually explicit digital forgeries, defining them and clarifying legal actions against their production and sharing.
• Notice and Removal Process: Platforms must establish processes for individuals to notify them of intimate privacy violations or cyberstalking content. These processes include:
• Responding promptly to removal requests (within 48 hours).
• Ensuring users are aware of the process to report these violations.
• Limiting liability for those platforms that act in good faith to remove problematic content.

General Provisions

Finally, the bill includes general provisions that require the Federal Trade Commission (FTC) to create regulations for the implementation of these changes. It states that the amendments will apply to online content after the bill is enacted and emphasizes that these changes do not infringe on First Amendment rights.

Relevant Companies

• META (Facebook): As a major social media platform, META would be required to comply with new rules about reporting and removing content related to cyberstalking and intimate privacy violations.
• TWTR (Twitter): Similar to META, Twitter would need to implement changes in how it handles reported violations, impacting its operational processes and potential legal liabilities.
• GOOGL (Alphabet/YouTube): As an owner of multiple platforms, GOOGL would need to ensure compliance across its services regarding the notification and removal process for harmful content.