Amendments to section 230 of Communications Act of 1934

(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 and intimate privacy violations (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 and intimate privacy violations that includes, at a minimum, the following: (I) A process to prevent, to the extent practicable, cyberstalking and intimate privacy violations. (II) A clear and accessible process to implement section 3(a) of the TAKE IT DOWN Act (47 U.S.C. 223a(a)) (relating to notice and removal of intimate privacy violations and content relating to cyberstalking). (III) Minimum data logging requirements that— (aa) preserve data necessary for legal proceedings related to cyberstalking or an intimate privacy violation; and (bb) ensure that preserved data is not transferred or otherwise used for a purpose other than a legal proceeding related to cyberstalking or an intimate privacy violation. (IV) A process to remove or block content that has been determined unlawful by a court. (V) Any other process or requirement determined necessary by the Commission to address cyberstalking and intimate privacy violations. (ii) Definitions In this subparagraph: (I) Consent The term consent has the meaning given such term in section 223(h)(1). (II) Cyberstalking The term cyberstalking means a deliberate course of conduct— (aa) directed at a specific individual; (bb) that causes the individual to suffer substantial emotional distress or the fear of bodily harm; and (cc) that would cause a reasonable individual to suffer substantial emotional distress or the fear of bodily harm. (III) 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 sexually explicit digital forgery made or shared without the consent of an individual portrayed in the sexually explicit digital forgery. (IV) Intimate visual depiction The term intimate visual depiction has the meaning given such term in section 1309(a) of division W of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851(a)). (V) Sexually explicit digital forgery The term sexually explicit digital forgery has the meaning given such term in section 223(h)(1).. (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, encouragement, or the use of a generative model).