Deepfake Liability Act

Amends Section 230 of the Communications Act to require interactive computer services to implement processes addressing cyberstalking and intimate privacy violations. Establishes a notice and removal process for such content. Directs the Federal Trade Commission to create relevant regulations.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Proposed
  • Most recent activity date: 2025-12-01

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Exposure to toxic content
  • Compromise of privacy
  • False or misleading information
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 4-5 risk subdomains, with strong focus on privacy compromise (2.1), exposure to toxic content (1.2), fraud and manipulation (4.3), false information through deepfakes (3.1), and to a lesser extent dangerous AI capabilities (7.2). Coverage is concentrated in privacy violations, malicious use of generative AI, and content moderation domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector, specifically interactive computer services, online platforms, websites, online applications, and mobile applications. This is a horizontal regulation applying to any covered platform that hosts user-generated content, with explicit exclusions for broadband providers, email, messaging services, and data storage.

Legislative Status

Hard Law

Legislative Status Summary

This is a Congressional bill proposing binding amendments to existing U.S. law (Communications Act of 1934) with mandatory obligations, enforcement mechanisms through the FTC, and legal penalties for non-compliance once enacted.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senate and House of Representatives of the United States of America
  • Summary: The document is a Congressional bill proposed to amend existing federal law. The standard legislative format and enactment clause identify Congress as the proposing body.

Target

  • Entity Types: AI_Deployer, AI_Developer
  • Entities: interactive computer services; covered platforms; providers of online services; websites; online applications; mobile applications
  • Summary: The legislation primarily targets providers of interactive computer services and covered platforms (websites, online services, applications) that host user-generated content. The amendment to the definition of 'information content provider' also targets those who use generative models to create content.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Federal Trade Commission; Federal Communications Commission; Attorney General; courts
  • Summary: The FTC is explicitly directed to promulgate implementing regulations in consultation with the FCC and Attorney General. Courts have authority to determine content unlawfulness. Enforcement occurs through removal of Section 230 liability protections.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Federal Trade Commission; covered platforms (self-monitoring)
  • Summary: The FTC is implicitly responsible for monitoring compliance through its regulatory authority. Covered platforms are required to implement data logging and monitoring processes for intimate privacy violations and cyberstalking.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Collect and Process Data
  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor lifecycle stages, with minimal coverage of Build and Use Model through references to generative models. The focus is on operational requirements for platforms hosting AI-generated content rather than AI system development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI

Technical Scope Summary

The document explicitly mentions generative models in the context of content creation. It addresses sexually explicit digital forgeries created through AI manipulation. It does not use formal technical terms like 'AI models' or 'AI systems' but focuses on the outputs and harms from generative AI technologies.

https://www.congress.gov/bill/119th-congress/house-bill/6334
https://agora.eto.tech/instrument/2828
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Document data from AGORA, CSET Emerging Technology Observatory.