I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Deepfake Liability 
Act’’. 
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SEC. 2. AMENDMENTS TO SECTION 230 OF COMMUNICA-
TIONS ACT OF 1934. 
(a) DUTY OF CARE.—Section 230(c)(1) of the Com-
munications Act of 1934 (47 U.S.C. 230(c)(1)) is amend-
ed— 
(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 PRI-
VACY VIOLATIONS.— 
‘‘(i) DUTY OF CARE.—Subparagraph 
(A) only applies to a provider of an inter-
active computer service if such provider is 
implementing, with respect to the inter-
active computer service of the provider, a 
reasonable 
process 
for 
addressing 
cyberstalking and intimate privacy viola-
tions that includes, at a minimum, the fol-
lowing: 
‘‘(I) A process to prevent, to the 
extent practicable, cyberstalking and 
intimate privacy violations. 
‘‘(II) A clear and accessible proc-
ess to implement section 3(a) of the 
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TAKE IT DOWN Act (47 U.S.C. 
223a(a)) (relating to notice and re-
moval of intimate privacy violations 
and content relating to cyberstalking). 
‘‘(III) Minimum data logging re-
quirements that— 
‘‘(aa) preserve data nec-
essary for legal proceedings re-
lated to cyberstalking or an inti-
mate privacy violation; and 
‘‘(bb) ensure that preserved 
data is not transferred or other-
wise used for a purpose other 
than a legal proceeding related to 
cyberstalking or an intimate pri-
vacy violation. 
‘‘(IV) A process to remove or 
block content that has been deter-
mined unlawful by a court. 
‘‘(V) Any other process or re-
quirement determined necessary by 
the 
Commission 
to 
address 
cyberstalking and intimate privacy 
violations. 
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‘‘(ii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) CONSENT.—The term ‘con-
sent’ has the meaning given such term 
in section 223(h)(1). 
‘‘(II) 
CYBERSTALKING.—The 
term ‘cyberstalking’ means a delib-
erate course of conduct— 
‘‘(aa) directed at a specific 
individual; 
‘‘(bb) that causes the indi-
vidual to suffer substantial emo-
tional distress or the fear of bod-
ily harm; and 
‘‘(cc) that would cause a 
reasonable individual to suffer 
substantial emotional distress or 
the fear of bodily harm. 
‘‘(III) INTIMATE PRIVACY VIOLA-
TION.—The term ‘intimate privacy 
violation’ means the following: 
‘‘(aa) An intimate visual de-
piction obtained or shared with-
out the consent of an individual 
portrayed in the depiction. 
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‘‘(1) NOTICE AND REMOVAL PROCESS.— 
‘‘(A) ESTABLISHMENT.—A covered plat-
form shall establish a process whereby a cov-
ered 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 depic-
tion of the covered individual; 
‘‘(bb) that was published 
without the consent of the cov-
ered 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 cov-
ered individual to suffer sub-
stantial emotional distress 
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or the fear of bodily harm; 
and 
‘‘(BB) would cause a 
reasonable individual to suf-
fer 
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 cov-
ered individual; 
‘‘(cc) that does not refer to 
a matter of public concern; and 
‘‘(dd) publication of which— 
‘‘(AA) causes the cov-
ered individual to suffer sub-
stantial emotional distress 
or the fear of bodily harm; 
and 
‘‘(BB) would cause a 
reasonable individual to suf-
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fer 
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 viola-
tion or content relating to cyberstalking sub-
mitted under the process established under sub-
paragraph (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 informa-
tion reasonably sufficient for the covered 
platform to locate, the intimate privacy 
violation 
or 
content 
relating 
to 
cyberstalking; 
‘‘(iii) a brief statement that the cov-
ered individual has a good faith belief that 
the intimate privacy violation or content 
relating to cyberstalking was published 
without the consent of the covered indi-
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vidual, 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 indi-
vidual; 
‘‘(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 in-
dividual 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 con-
spicuous notice, which may be provided through a 
clear and conspicuous link to another web page or 
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disclosure, of the notice and removal process estab-
lished 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 VIOLA-
TIONS
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 
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the covered platform’s good faith disabling of access 
to, or removal of, material claimed to be a non-
consensual intimate privacy violation or nonconsen-
sual 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 ‘cov-
ered individual’ means— 
‘‘(A) an individual— 
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‘‘(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 dis-
tinguishing 
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 acces-
sible 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 Regula-
tions, or any successor regulation). 
‘‘(ii) Electronic mail. 
‘‘(iii) A messaging service. 
‘‘(iv) A data storage service. 
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‘‘(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 Commu-
nications 
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 Communica-
tions Commission and (as appropriate) with the Attorney 
General, shall promulgate regulations under section 553 
of title 5, United States Code, to implement the amend-
ments made by this Act. 
(b) APPLICABILITY.—The amendments made by this 
Act shall apply to information made available on an inter-
active 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. 
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(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. 
Æ 
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