H.R. 9187

[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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