H.R. 6334: Deepfake Liability Act

H.R. 6334, the Deepfake Liability Act, rewrites part of Section 230 and the TAKE IT DOWN Act to create a new duty of care for providers of interactive computer services. Those providers would have to use a "reasonable process" to prevent cyberstalking and intimate privacy violations to the extent practicable, run a notice-and-removal system tied to section 3(a) of the TAKE IT DOWN Act, keep data logs that preserve evidence for legal proceedings, block or remove content a court says is unlawful, and comply with any additional requirements the Federal Communications Commission determines are necessary.

The bill is especially aimed at sexual deepfakes and nonconsensual intimate imagery. It defines a "sexually explicit digital forgery" as an intimate visual depiction of an identifiable individual that has been created, materially manipulated, altered, or annotated so that it is virtually indistinguishable from an authentic visual depiction of that person. It also broadens the definition of an "information content provider" to cover entities involved in creation or development "including through solicitation, encouragement, or the use of a generative model," which is a direct response to AI-generated content.

For users, the most concrete change is speed. Covered platforms — defined as publicly accessible websites, online services, or mobile applications — would have to offer a clear, conspicuous, plain-language reporting process. A covered individual or authorized representative would have to submit a written notice with a physical or electronic signature, the location of the content, a good-faith statement that the material lacks consent, contact information, and a statement of accuracy under penalty of perjury. Once the request is received, the platform must remove the content and make reasonable efforts to remove identical copies as soon as possible, but no later than 48 hours after receiving the request.

The bill also tries to balance enforcement with speech concerns. It says platforms are not liable for good-faith disabling or removal of content even if that content is later found not to be unlawful. At the same time, the act states that it may not be construed to infringe First Amendment rights. The Federal Trade Commission, in consultation with the Federal Communications Commission and the Attorney General, would have 180 days after enactment to issue regulations, and the new rules would apply to information made available on an interactive computer service or covered platform on or after the date of enactment.