How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(e)(6) 1 NO EFFECT ON CLAIMS RELATED TO GENERATIVE ARTIFICIAL INTELLIGENCEGenerative artificial intelligenceThe term 'generative artificial intelligence' means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.47 U.S.C. § 230(f)(5).—Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit any claim in a civil action or charge in a criminal prosecution brought under Federal or State law against the provider of an interactive computer service if the conduct underlying the claim or charge involves the use or provision of generative artificial intelligenceGenerative artificial intelligenceThe term 'generative artificial intelligence' means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.47 U.S.C. § 230(f)(5) by the interactive computer service.
This provision strips interactive computer service providers of their Section 230 immunity for any civil claim or criminal charge where the underlying conduct involves the provider's use or provision of generative artificial intelligence. The carve-out preserves only the Good Samaritan safe harbor under subsection (c)(2)(A), which protects good-faith content moderation actions. The provision does not create any new cause of action, affirmative compliance duty, or enforcement mechanism — it solely removes a liability shield, exposing providers to whatever claims and charges already exist under federal and state law.
(f)(5) GENERATIVE ARTIFICIAL INTELLIGENCEGenerative artificial intelligenceThe term 'generative artificial intelligence' means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.47 U.S.C. § 230(f)(5).—The term 'generative artificial intelligenceGenerative artificial intelligenceThe term 'generative artificial intelligence' means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.47 U.S.C. § 230(f)(5)' means an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.
This provision adds a definition of generative artificial intelligence to Section 230's existing definitions subsection. The definition is broad, encompassing any AI system capable of generating novel text, video, images, audio, or other media from user-provided prompts or data. The definition is functional rather than architectural — it does not require a specific model type or training approach.