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Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act › Section 4

Definitions

Section 4 · Sec. 4 ·

What this chapter is about

This part says what some words mean in this law. It says which web sites the law covers. It also lists the ones it leaves out.

5 proposals indexed from this chapter.

The document says “meansWho acts: CongressHow: statuteSec. 4 in the PDF
What the document says

“The term ``Commission'' means the Federal Trade Commission.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4

The Act uses Commission throughout section 3 to mean the Federal Trade Commission, and this paragraph is where that is set.

What the document actually says

“The term ``Commission'' means the Federal Trade Commission.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4
That sentence, in plain words

The word Commission means the FTC.

What this is about

The FTC is the Federal Trade Commission. It is the agency that enforces part 3.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “meansWho acts: CongressHow: statuteSec. 4 in the PDF
What the document says

“The terms ``consent'', ``digital forgery'', ``identifiable individual'', ``intimate visual depiction'', and ``minor'' have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223), as added by section 2.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4

The Act takes five terms from the subsection section 2 inserts into the Communications Act of 1934. The paragraph's own heading names four of them, and the text of the paragraph carries a fifth, minor, that the heading does not.

What the document actually says

“The terms ``consent'', ``digital forgery'', ``identifiable individual'', ``intimate visual depiction'', and ``minor'' have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223), as added by section 2.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4
That sentence, in plain words

Five words used here get their meaning from part 2.

What this is about

Part 2 wrote them into the old 1934 law. This law uses those same meanings. The heading over this bit lists only four of the five.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “meansWho acts: CongressHow: statuteSec. 4 in the PDF
What the document says

“The term ``covered platform'' means a website, online service, online application, or mobile application-- (i) that serves the public; and (ii)(I) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or (II) for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4

The term that carries the duties in section 3. A covered platform is a website, online service, online application or mobile application that serves the public and that either primarily provides a forum for user generated content, or publishes, curates, hosts or makes available nonconsensual intimate visual depictions in the regular course of its trade or business.

What the document actually says

“The term ``covered platform'' means a website, online service, online application, or mobile application-- (i) that serves the public; and (ii)(I) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or (II) for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4
That sentence, in plain words

A covered site is one open to the public. Users must post most of what is on it. Or the site must deal in these images as its trade.

What this is about

User posts can be words, video, images, games, or sound. A site of either kind is covered.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shall notWho acts: CongressHow: statuteSec. 4 in the PDF
What the document says

“The term ``covered platform'' shall not include the following: (i) A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation). (ii) Electronic mail.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4

Two of the three things the term does not reach. A provider of broadband internet access service, as that service is described in section 8.1(b) of title 47, Code of Federal Regulations, or a successor regulation, is excluded, and so is electronic mail. That regulation is cited, not indexed here.

What the document actually says

“The term ``covered platform'' shall not include the following: (i) A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation). (ii) Electronic mail.”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4
That sentence, in plain words

The term does not cover firms that sell you internet. It does not cover email.

What this is about

The law points to a rule book to say what selling internet means. This site has not indexed that rule book.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shall notWho acts: CongressHow: statuteSec. 4 in the PDF
What the document says

“an online service, application, or website-- (I) that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and (II) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I).”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4

The third exclusion. A service, application or website is outside the term where it consists primarily of content preselected by its provider rather than generated by users, and where any chat, comment or interactive function is incidental to, directly related to or dependent on that content. The exclusion does not apply to a service that falls within subparagraph (A)(ii)(II).

What the document actually says

“an online service, application, or website-- (I) that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and (II) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I).”

To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes, Sec. 4
That sentence, in plain words

A site that picks most of what it shows is not covered. Talk on it must hang off that content.

What this is about

The way out shuts in one case. It shuts if the site deals in these images as its trade.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

Each of the three definitions the section states, with the exclusions from the third recorded separately from the term itself.

Nothing in the section is left out.

Five of the terms the section defines are not defined here but carried over from the subsection section 2 inserts into the Communications Act of 1934, and two of those in turn point further out, to section 230 of that Act and to section 1309 of the Consolidated Appropriations Act, 2022. The exclusion for broadband internet access service points to section 8.1(b) of title 47, Code of Federal Regulations. None of those is indexed here.