TAKE IT DOWN Act in plain language
1: Short title
This section gives the Act two names it can be called by: the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, or, for short, the TAKE IT DOWN Act.
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1. Short title This Act may be cited as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act .
2: Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions
This section adds a new criminal offense to the Communications Act of 1934, covering the publication of intimate images without consent, including AI-generated fake images, and it makes two related changes elsewhere in that same law.
The new offense uses these definitions. Consent means an affirmative, conscious, and voluntary authorization, given free from force, fraud, duress, misrepresentation, or coercion. A digital forgery is an intimate visual depiction of an identifiable individual that was created using software, machine learning, artificial intelligence, or other computer-generated or technological means, including by adapting, modifying, or altering a real image, and that looks so realistic to an ordinary viewer that it cannot be told apart from an authentic image of that person. An identifiable individual is someone who appears in all or part of an intimate visual depiction and whose face, likeness, or other distinguishing characteristic, such as a unique birthmark, is shown together with that depiction. Interactive computer service has the same meaning it has under section 230 of the Communications Act. Intimate visual depiction has the same meaning given to it in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851). A minor is anyone under 18 years old.
Authentic images of adults: it is illegal for any person, acting in interstate or foreign commerce, to knowingly use an interactive computer service to publish an intimate visual depiction of an identifiable adult if all of the following are true at once: the image was obtained or created under circumstances where the person knew, or reasonably should have known, that the individual had a reasonable expectation of privacy; what is shown was not voluntarily exposed by the individual in a public or commercial setting; what is shown is not a matter of public concern; and publishing the image either is intended to cause harm or actually causes harm, including psychological, financial, or reputational harm, to the individual.
Authentic images of minors: it is illegal for any person, acting in interstate or foreign commerce, to knowingly use an interactive computer service to publish an intimate visual depiction of an identifiable minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. This offense does not carry the adult offense's separate requirements about privacy expectations, public exposure, public concern, or proof of harm; knowing publication plus the required intent is enough.
Exception to both of the offenses just described: they do not apply to a lawfully authorized investigative, protective, or intelligence activity carried out by a federal, state, or local law enforcement agency or by a United States intelligence agency; to a disclosure made reasonably and in good faith to a law enforcement officer or agency, as part of a document production or filing connected to a legal proceeding, as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or educational purpose, in reporting unlawful content or unsolicited or unwelcome conduct or under a legal, professional, or other lawful obligation, or to seek support or help regarding an unsolicited intimate image the person received; to a disclosure reasonably intended to help the identifiable individual; to a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct; or to the publication of an intimate visual depiction that itself qualifies as child pornography under existing federal law or as an obscene visual depiction of the sexual abuse of children under existing federal law.
Digital forgeries of adults: the same offense structure applies to a knowing publication, in interstate or foreign commerce and through an interactive computer service, of a digital forgery of an identifiable adult, except that in place of the privacy-expectation condition, the condition is that the digital forgery was published without the identifiable individual's consent. The other conditions still all apply: what is shown was not voluntarily exposed by the individual in a public or commercial setting, what is shown is not a matter of public concern, and publishing it is intended to cause harm or actually causes harm, including psychological, financial, or reputational harm.
Digital forgeries of minors: it is illegal for any person, acting in interstate or foreign commerce, to knowingly use an interactive computer service to publish a digital forgery of an identifiable minor with intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify the sexual desire of any person. The same list of exceptions above applies to this offense too, with the self-depiction exception covering a person's own digital forgery of himself or herself rather than a real image, and with the child-pornography and child-sexual-abuse-depiction exception again covering intimate visual depictions that meet those existing federal definitions.
Penalties: a person who violates the adult offense, whether it involves an authentic image or a digital forgery, can be fined under federal law, imprisoned for not more than 2 years, or both. A person who violates the minor offense, whether it involves an authentic image or a digital forgery, can be fined, imprisoned for not more than 3 years, or both.
Two rules limit how consent can be proved for these offenses: the fact that an identifiable individual consented to the creation of an intimate visual depiction does not by itself establish that the individual consented to its publication; and the fact that an identifiable individual disclosed the depiction to another individual does not by itself establish that the individual consented to the publication by the person accused of the offense.
Threats: a person who intentionally threatens to commit the authentic-image offense, for the purpose of intimidation, coercion, extortion, or to create mental distress, faces the same penalties described above for the underlying adult or minor offense (2 years for a threat concerning an adult, 3 years for a threat concerning a minor). A person who makes the same kind of threat concerning a digital forgery of an adult can be fined, imprisoned for not more than 18 months, or both; if the threat concerns a digital forgery of a minor, the person can be fined, imprisoned for not more than 30 months, or both.
Forfeiture: when a court sentences someone convicted of either offense, the court must also order, in addition to any other sentence and regardless of state law, that the person forfeit to the United States any material distributed in the violation, the person's interest in any property or proceeds obtained or retained as a result of the violation, and any personal property used or intended to be used to commit or help commit the violation. The forfeiture procedures that apply to federal drug crimes under section 413 of the Controlled Substances Act (21 U.S.C. 853) apply here too, except for that section's subsections (a) and (d).
Restitution: a court must order restitution for a conviction under either offense in the same manner restitution is ordered under the federal stalking statute, section 2264 of title 18, United States Code.
This new offense does not limit the application of any other relevant law, including the existing federal law on sexual exploitation of children, section 2252 of title 18, United States Code.
This section also amends a separate, existing part of the Communications Act, section 223(e)(1), so that a set of legal defenses that already applied to violations of an existing provision, subsection (d), now also applies to violations of this new offense. Finally, this section adds the heading 'Definitions' to the existing subsection that is being renumbered to make room for the new offense; this is a labeling change and does not alter that subsection's substance.
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2. Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions (a) In general Section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Intentional disclosure of nonconsensual intimate visual depictions (1) Definitions In this subsection: (A) Consent The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion. (B) Digital forgery The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual. (C) Identifiable individual The term identifiable individual means an individual— (i) who appears in whole or in part in an intimate visual depiction; and (ii) whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction. (D) Interactive computer service The term interactive computer service has the meaning given the term in section 230. (E) Intimate visual depiction The term intimate visual depiction has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 ( 15 U.S.C. 6851 ). (F) Minor The term minor means any individual under the age of 18 years. (2) Offense involving authentic intimate visual depictions (A) Involving adults Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if— (i) the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy; (ii) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (iii) what is depicted is not a matter of public concern; and (iv) publication of the intimate visual depiction— (I) is intended to cause harm; or (II) causes harm, including psychological, financial, or reputational harm, to the identifiable individual. (B) Involving minors Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to— (i) abuse, humiliate, harass, or degrade the minor; or (ii) arouse or gratify the sexual desire of any person. (C) Exceptions Subparagraphs (A) and (B) shall not apply to— (i) a lawfully authorized investigative, protective, or intelligence activity of— (I) a law enforcement agency of the United States, a State, or a political subdivision of a State; or (II) an intelligence agency of the United States; (ii) a disclosure made reasonably and in good faith— (I) to a law enforcement officer or agency; (II) as part of a document production or filing associated with a legal proceeding; (III) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; (IV) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or (V) to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; (iii) a disclosure reasonably intended to assist the identifiable individual; (iv) a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code); or (v) the publication of an intimate visual depiction that constitutes— (I) child pornography (as that term is defined in section 2256 of title 18, United States Code); or (II) a visual depiction described in subsection (a) or (b) of section 1466A of title 18, United States Code (relating to obscene visual representations of the sexual abuse of children). (3) Offense involving digital forgeries (A) Involving adults Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is not a minor if— (i) the digital forgery was published without the consent of the identifiable individual; (ii) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (iii) what is depicted is not a matter of public concern; and (iv) publication of the digital forgery— (I) is intended to cause harm; or (II) causes harm, including psychological, financial, or reputational harm, to the identifiable individual. (B) Involving minors Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is a minor with intent to— (i) abuse, humiliate, harass, or degrade the minor; or (ii) arouse or gratify the sexual desire of any person. (C) Exceptions Subparagraphs (A) and (B) shall not apply to— (i) a lawfully authorized investigative, protective, or intelligence activity of— (I) a law enforcement agency of the United States, a State, or a political subdivision of a State; or (II) an intelligence agency of the United States; (ii) a disclosure made reasonably and in good faith— (I) to a law enforcement officer or agency; (II) as part of a document production or filing associated with a legal proceeding; (III) as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose; (IV) in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or (V) to seek support or help with respect to the receipt of an unsolicited intimate visual depiction; (iii) a disclosure reasonably intended to assist the identifiable individual; (iv) a person who possesses or publishes a digital forgery of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code); or (v) the publication of an intimate visual depiction that constitutes— (I) child pornography (as that term is defined in section 2256 of title 18, United States Code); or (II) a visual depiction described in subsection (a) or (b) of section 1466A of title 18, United States Code (relating to obscene visual representations of the sexual abuse of children). (4) Penalties (A) Offenses involving adults Any person who violates paragraph (2)(A) or (3)(A) shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both. (B) Offenses involving minors Any person who violates paragraph (2)(B) or (3)(B) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. (5) Rules of construction For purposes of paragraphs (2) and (3)— (A) the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and (B) the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph (2) or (3), respectively. (6) Threats (A) Threats involving authentic intimate visual depictions Any person who intentionally threatens to commit an offense under paragraph (2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (4). (B) Threats involving digital forgeries (i) Threats involving adults Any person who intentionally threatens to commit an offense under paragraph (3)(A) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 18 months, or both. (ii) Threats involving minors Any person who intentionally threatens to commit an offense under paragraph (3)(B) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 30 months, or both. (7) Forfeiture (A) In general The court, in imposing a sentence on any person convicted of a violation of paragraph (2) or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States— (i) any material distributed in violation of that paragraph; (ii) the person’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and (iii) any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation. (B) Procedures Section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property under subparagraph (A). (8) Restitution The court shall order restitution for an offense under paragraph (2) or (3) in the same manner as under section 2264 of title 18, United States Code. (9) Rule of construction Nothing in this subsection shall be construed to limit the application of any other relevant law, including section 2252 of title 18, United States Code. . (b) Defenses Section 223(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 223(e)(1) ) is amended by striking or (d) and inserting , (d), or (h) . (c) Technical and conforming amendment Subsection (i) of section 223 of the Communications Act of 1934 ( 47 U.S.C. 223 ), as so redesignated by subsection (a), is amended by inserting Definitions .— before For purposes of this section .
3: Notice and removal of nonconsensual intimate visual depictions
This section requires certain online platforms to set up a takedown process for nonconsensual intimate images and gives the Federal Trade Commission authority to enforce that requirement.
Setting up the process: not later than 1 year after this Act's enactment, a covered platform must establish a process letting an identifiable individual, or a person authorized to act on that individual's behalf, notify the platform of an intimate visual depiction on the platform that shows the individual and was published without the individual's consent, and submit a request for the platform to remove it. A notification and removal request submitted through this process must be in writing and must include a physical or electronic signature of the individual or the authorized person; identification of, and information reasonably sufficient for the platform to locate, the depiction; a brief statement that the individual has a good faith belief the depiction is not consensual, along with any relevant information helping the platform determine that; and information sufficient for the platform to contact the individual or the authorized person.
Publicizing the process: the platform must provide clear and conspicuous notice of this process, which can be given through a clear and conspicuous link to another page or disclosure. That notice must be easy to read and in plain language, and must explain the platform's responsibilities under this section, including how an individual can submit a notification and removal request.
Removing the image: once a platform receives a valid removal request submitted through this process, it must, as soon as possible and not later than 48 hours after receiving the request, remove the intimate visual depiction and make reasonable efforts to identify and remove any known identical copies of it.
Legal protection for platforms: a platform is not liable for a claim based on its good faith disabling of access to, or removal of, material it claimed was a nonconsensual intimate visual depiction, so long as that action was based on facts or circumstances from which the unlawful publishing of the depiction was apparent, regardless of whether the depiction is ultimately determined to be unlawful or not.
Enforcement: a platform's failure to reasonably comply with these notice and takedown duties is treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act. Except as described next, the Federal Trade Commission enforces this section using the same manner, means, jurisdiction, powers, and duties it has under the Federal Trade Commission Act generally, as though that Act's provisions were built into this section; a person who violates this section is subject to the same penalties and entitled to the same privileges and immunities that Act provides. Nothing in this Act limits any other authority the Commission already has under other law. And even though certain sections of the Federal Trade Commission Act, and any other jurisdictional limit on the Commission, would otherwise keep the Commission from acting against organizations that are not organized to make a profit for themselves or their members, this section lets the Commission enforce these notice and takedown duties against such nonprofit organizations too.
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3. Notice and removal of nonconsensual intimate visual depictions (a) In general (1) Notice and removal process (A) Establishment Not later than 1 year after the date of enactment of this Act, a covered platform shall establish a process whereby an identifiable individual (or an authorized person acting on behalf of such individual) may— (i) notify the covered platform of an intimate visual depiction published on the covered platform that— (I) includes a depiction of the identifiable individual; and (II) was published without the consent of the identifiable individual; and (ii) submit a request for the covered platform to remove such intimate visual depiction. (B) Requirements A notification and request for removal of an intimate visual depiction submitted under the process established under subparagraph (A) shall include, in writing— (i) a physical or electronic signature of the identifiable individual (or an authorized person acting on behalf of such individual); (ii) an identification of, and information reasonably sufficient for the covered platform to locate, the intimate visual depiction of the identifiable individual; (iii) a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under clause (ii) is not consensual, including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual; and (iv) information sufficient to enable the covered platform to contact the identifiable individual (or an authorized person acting on behalf of such individual). (2) Notice of process A covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under paragraph (1)(A) that— (A) is easy to read and in plain language; and (B) provides information regarding the responsibilities of the covered platform under this section, including a description of how an individual can submit a notification and request for removal. (3) Removal of nonconsensual intimate visual depictions Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request— (A) remove the intimate visual depiction; and (B) make reasonable efforts to identify and remove any known identical copies of such depiction. (4) Limitation on liability A covered platform shall not be liable for any claim based on the covered platform’s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not. (b) Enforcement by the Commission (1) Unfair or deceptive acts or practices A failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general Except as provided in subparagraph (D), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Scope of jurisdiction Notwithstanding sections 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46), or any jurisdictional limitation of the Commission, the Commission shall also enforce this section in the same manner provided in subparagraph (A), with respect to organizations that are not organized to carry on business for their own profit or that of their members.
4: Definitions
This section defines terms used throughout the Act. Commission means the Federal Trade Commission. The terms consent, digital forgery, identifiable individual, intimate visual depiction, and minor carry the same meanings given to them in the new section 223(h) of the Communications Act of 1934 that section 2 of this Act adds.
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, including messages, videos, images, games, and audio files, or, regardless of that, has it as part of its regular course of trade or business to publish, curate, host, or make available content consisting of nonconsensual intimate visual depictions.
Covered platform does not include a provider of broadband internet access service, or electronic mail. It also does not include an online service, application, or website whose content consists primarily of material that is not user-generated but is preselected by the provider, and where any chat, comment, or interactive feature is incidental to, directly related to, or dependent on that preselected content, unless that service, application, or website is one described above because it regularly does business making nonconsensual intimate visual depictions available.
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4. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Consent; digital forgery; identifiable individual; intimate visual depiction 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. (3) Covered platform (A) In general 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. (B) Exclusions 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. (iii) Except as provided in subparagraph (A)(ii)(II), 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).
5: Severability
This section states that if any provision of this Act, or any amendment the Act makes, is found unenforceable or invalid, the rest of the Act's provisions and amendments remain unaffected and continue to apply.
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5. Severability If any provision of this Act, or an amendment made by this Act, is determined to be unenforceable or invalid, the remaining provisions of this Act and the amendments made by this Act shall not be affected. Passed the Senate February 13, 2025. Secretary