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HR6334119th CongressWALLET

Deepfake Liability Act

Sponsored By: Representative Auchincloss, Jake [D-MA-4]

Introduced

Summary

Holds online platforms accountable for cyberstalking and intimate privacy violations. The Deepfake Liability Act would require interactive computer services to adopt specific processes to address cyberstalking and intimate privacy harms and would criminalize some sexually explicit digital forgeries.

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  • Survivors get clearer paths to remove nonconsensual intimate images and sexually explicit digital forgeries by requiring platforms to follow a notice and removal process tied to the TAKE IT DOWN Act and to preserve evidence for legal cases.
  • Platforms must add minimum data logging and content management steps and a process to remove content a court finds unlawful. The bill also expands who counts as an "information content provider" to include creation with solicitation, encouragement, or a generative model.
  • Creators and tools using generative AI could face liability when used to produce intimate privacy violations because the bill covers AI-assisted content creation.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Broader protections against sexual deepfakes

The bill would expand key definitions. It would cover sexually explicit digital forgeries that look real, cyberstalking that causes serious distress or fear, and intimate images shared without consent. It would treat content made with generative AI or by soliciting or encouraging others as content creation. Some services, like email, messaging, broadband access, and data storage, would be excluded as covered platforms. It would also remove some exceptions so the rules apply in more cases.

Faster removals and new platform duties

If enacted, covered platforms would have to offer a clear way to report intimate or cyberstalking content. A valid written request would trigger removal as soon as possible, and no later than 48 hours, plus efforts to remove known identical copies. Platforms would need a reasonable safety process, keep certain logs for legal cases only, follow the TAKE IT DOWN notice process, remove content found unlawful by a court, and meet any added FCC requirements. Platforms acting in good faith could remove apparent illegal content without being liable even if it is later ruled lawful.

When and how these rules start

The FTC would have 180 days after enactment to write the rules, after consulting the FCC and, as appropriate, the Attorney General. The changes would apply only to content first posted on or after the date of enactment. Older posts would not be covered by these new duties.

Sponsors & CoSponsors

Sponsor

Auchincloss, Jake [D-MA-4]

MA • D

Cosponsors

  • Rep. Maloy, Celeste [R-UT-2]

    UT • R

    Sponsored 12/1/2025

Roll Call Votes

No roll call votes available for this bill.

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