Deepfake Liability Act
Summary
The Deepfake Liability Act aims to amend Section 230 of the Communications Act of 1934 and the TAKE IT DOWN Act to combat cyberstalking and intimate privacy violations, particularly those involving deepfakes. It introduces a duty of care for interactive computer service providers to address these issues. The bill also seeks to refine definitions and processes related to the removal of non-consensual intimate visual depictions and content related to cyberstalking.
Expected Effects
The Act will likely increase the responsibility of online platforms in monitoring and removing harmful content, especially deepfakes and cyberstalking material. This could lead to greater protection for individuals from online harassment and privacy violations. It may also increase the operational costs for platforms due to the need for enhanced monitoring and removal processes.
Potential Benefits
- Increased Protection from Cyberstalking: Establishes clearer processes for reporting and removing cyberstalking content.
- Combats Intimate Privacy Violations: Addresses the sharing of intimate visual depictions and sexually explicit digital forgeries without consent.
- Enhanced Platform Accountability: Places a duty of care on interactive computer service providers to address cyberstalking and intimate privacy violations.
- Clearer Definitions: Provides updated definitions for terms like 'sexually explicit digital forgery' and 'cyberstalking'.
- Improved Notice and Removal Processes: Streamlines the process for individuals to request the removal of harmful content.
Potential Disadvantages
- Potential for Overreach: The broad definitions of cyberstalking and intimate privacy violations could lead to the removal of legitimate content.
- Increased Burden on Platforms: The requirement for platforms to implement specific processes may be costly and difficult to manage, especially for smaller platforms.
- Risk of Censorship: The need to remove content deemed unlawful by a court could lead to censorship and suppression of free speech.
- Compliance Costs: Platforms may face increased compliance costs due to the need to adhere to new regulations and processes.
- Unintended Consequences: Changes to Section 230 could have unintended consequences for online speech and innovation.
Most Disadvantaged Areas:
Constitutional Alignment
The Deepfake Liability Act's alignment with the US Constitution is complex. While it aims to protect individuals from harm, it also touches on issues of free speech under the First Amendment. The Act includes a rule of construction stating that the amendments made by the Act may not be construed to infringe upon any right protected under the First Amendment. However, the balance between protecting individuals and upholding free speech principles will need careful consideration.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).