[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9187 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9187

   To amend section 230 of the Communications Act of 1934 to combat 
cyberstalking, intimate privacy violations, and digital forgeries, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2024

Mr. Auchincloss (for himself and Mrs. Hinson) 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 to combat 
cyberstalking, intimate privacy violations, and digital forgeries, 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 ``Intimate Privacy Protection Act''.

SEC. 2. CYBERSTALKING, INTIMATE PRIVACY VIOLATIONS, AND DIGITAL 
              FORGERIES.

    (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, intimate privacy violations, 
                and digital forgeries.--
                            ``(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, intimate 
                        privacy violations, and digital forgeries that 
                        includes, at a minimum, the following:
                                    ``(I) A process to prevent, to the 
                                extent practicable, cyberstalking, 
                                intimate privacy violations, and 
                                digital forgeries.
                                    ``(II) A clear and accessible 
                                process to report cyberstalking, 
                                intimate privacy violations, and 
                                digital forgeries.
                                    ``(III) A process for investigating 
                                each report of cyberstalking, an 
                                intimate privacy violation, or a 
                                digital forgery.
                                    ``(IV) A process to remove (or 
                                otherwise make unavailable), within 24 
                                hours, information the provider knows, 
                                or has reason to know, is 
                                cyberstalking, an intimate privacy 
                                violation, or a digital forgery.
                                    ``(V) Minimum data logging 
                                requirements that--
                                            ``(aa) preserve data 
                                        necessary for legal proceedings 
                                        related to cyberstalking, an 
                                        intimate privacy violation, or 
                                        a digital forgery; and
                                            ``(bb) ensure that 
                                        preserved data is not 
                                        transferred or otherwise used 
                                        for a purpose other than a 
                                        legal proceeding related to 
                                        cyberstalking, an intimate 
                                        privacy violation, or a digital 
                                        forgery.
                                    ``(VI) A process to remove or block 
                                content that has been determined 
                                unlawful by a court.
                                    ``(VII) Any other process or 
                                requirement determined necessary by the 
                                Commission to address cyberstalking, 
                                intimate privacy violations, and 
                                digital forgeries.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Cyberstalking.--The term 
                                `cyberstalking' means a course of 
                                conduct--
                                            ``(aa) directed at a 
                                        specific individual; and
                                            ``(bb) that causes the 
                                        individual, or would cause a 
                                        reasonable individual, to 
                                        suffer substantial emotional 
                                        distress or the fear of bodily 
                                        harm.
                                    ``(II) Digital forgery.--The term 
                                `digital forgery' means digital 
                                audiovisual material--
                                            ``(aa) created, 
                                        manipulated, or altered to be 
                                        virtually indistinguishable 
                                        from an authentic record of the 
                                        speech, conduct, or appearance 
                                        of an individual despite not 
                                        being an authentic record of 
                                        such speech, conduct, or 
                                        appearance; and
                                            ``(bb) that is reasonably 
                                        likely to cause harm.
                                    ``(III) Intimate visual 
                                depiction.--The term `intimate visual 
                                depiction' has the meaning given that 
                                term in section 1309(a) of division W 
                                of the Consolidated Appropriations Act, 
                                2022 (15 U.S.C. 6851(a)).
                                    ``(IV) 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 digital forgery of 
                                        an intimate visual depiction 
                                        made or shared without the 
                                        consent of an individual 
                                        portrayed in the depiction.''.
    (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 or encouragement)''.
    (c) 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, shall promulgate 
regulations under section 553 of title 5, United States Code, to 
implement the amendments made by this Act.
    (d) Applicability.--The amendments made by this Act shall apply to 
information made available on an interactive computer service on or 
after the date of the enactment of this Act.
    (e) 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.
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