II
119THCONGRESS
1
STSESSION S. 146
To require covered platforms to remove nonconsensual intimate visual
depictions, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY16, 2025
Mr. C
RUZ(for himself, Ms. KLOBUCHAR, Mrs. CAPITO, Mr. BLUMENTHAL,
Mr. C
ASSIDY, Mr. BOOKER, Mr. BARRASSO, Ms. ROSEN, Ms. LUMMIS,
Mr. H
ICKENLOOPER, Mr. BUDD, Mrs. BLACKBURN, Mr. WICKER, Mr.
Y
OUNG, Mr. CURTIS, Mr. SHEEHY, Mr. WARNOCK, Mr. HEINRICH, and
Mr. P
ETERS) introduced the following bill; which was read twice and re-
ferred to the Committee on Commerce, Science, and Transportation
A BILL
To require covered platforms to remove nonconsensual
intimate visual depictions, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Tools to Address 4
Known Exploitation by Immobilizing Technological 5
Deepfakes on Websites and Networks Act’’ or the ‘‘TAKE 6
IT DOWN Act’’. 7
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SEC. 2. CRIMINAL PROHIBITION ON INTENTIONAL DISCLO-1
SURE OF NONCONSENSUAL INTIMATE VISUAL 2
DEPICTIONS. 3
(a) I
NGENERAL.—Section 223 of the Communica-4
tions Act of 1934 (47 U.S.C. 223) is amended— 5
(1) by redesignating subsection (h) as sub-6
section (i); and 7
(2) by inserting after subsection (g) the fol-8
lowing: 9
‘‘(h) I
NTENTIONALDISCLOSURE OF NONCONSEN-10
SUALINTIMATEVISUALDEPICTIONS.— 11
‘‘(1) D
EFINITIONS.—In this subsection: 12
‘‘(A) C
ONSENT.—The term ‘consent’ 13
means an affirmative, conscious, and voluntary 14
authorization made by an individual free from 15
force, fraud, duress, misrepresentation, or coer-16
cion. 17
‘‘(B) D
IGITAL FORGERY.—The term ‘dig-18
ital forgery’ means any intimate visual depic-19
tion of an identifiable individual created 20
through the use of software, machine learning, 21
artificial intelligence, or any other computer- 22
generated or technological means, including by 23
adapting, modifying, manipulating, or altering 24
an authentic visual depiction, that, when viewed 25
as a whole by a reasonable person, is indistin-26
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guishable from an authentic visual depiction of 1
the individual. 2
‘‘(C) I
DENTIFIABLE INDIVIDUAL .—The 3
term ‘identifiable individual’ means an indi-4
vidual— 5
‘‘(i) who appears in whole or in part 6
in an intimate visual depiction; and 7
‘‘(ii) whose face, likeness, or other dis-8
tinguishing characteristic (including a 9
unique birthmark or other recognizable 10
feature) is displayed in connection with 11
such intimate visual depiction. 12
‘‘(D) I
NTERACTIVE COMPUTER SERVICE .— 13
The term ‘interactive computer service’ has the 14
meaning given the term in section 230. 15
‘‘(E) I
NTIMATE VISUAL DEPICTION .—The 16
term ‘intimate visual depiction’ has the mean-17
ing given such term in section 1309 of the Con-18
solidated Appropriations Act, 2022 (15 U.S.C. 19
6851). 20
‘‘(F) M
INOR.—The term ‘minor’ means 21
any individual under the age of 18 years. 22
‘‘(2) O
FFENSE INVOLVING AUTHENTIC INTI -23
MATE VISUAL DEPICTIONS .— 24
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‘‘(A) INVOLVING ADULTS.—Except as pro-1
vided in subparagraph (C), it shall be unlawful 2
for any person, in interstate or foreign com-3
merce, to use an interactive computer service to 4
knowingly publish an intimate visual depiction 5
of an identifiable individual who is not a minor 6
if— 7
‘‘(i) the intimate visual depiction was 8
obtained or created under circumstances in 9
which the person knew or reasonably 10
should have known the identifiable indi-11
vidual had a reasonable expectation of pri-12
vacy; 13
‘‘(ii) what is depicted was not volun-14
tarily exposed by the identifiable individual 15
in a public or commercial setting; 16
‘‘(iii) what is depicted is not a matter 17
of public concern; and 18
‘‘(iv) publication of the intimate visual 19
depiction— 20
‘‘(I) is intended to cause harm; 21
or 22
‘‘(II) causes harm, including psy-23
chological, financial, or reputational 24
harm, to the identifiable individual. 25
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‘‘(B) INVOLVING MINORS.—Except as pro-1
vided in subparagraph (C), it shall be unlawful 2
for any person, in interstate or foreign com-3
merce, to use an interactive computer service to 4
knowingly publish an intimate visual depiction 5
of an identifiable individual who is a minor with 6
intent to— 7
‘‘(i) abuse, humiliate, harass, or de-8
grade the minor; or 9
‘‘(ii) arouse or gratify the sexual de-10
sire of any person. 11
‘‘(C) E
XCEPTIONS.—Subparagraphs (A) 12
and (B) shall not apply to— 13
‘‘(i) a lawfully authorized investiga-14
tive, protective, or intelligence activity of— 15
‘‘(I) a law enforcement agency of 16
the United States, a State, or a polit-17
ical subdivision of a State; or 18
‘‘(II) an intelligence agency of 19
the United States; 20
‘‘(ii) a disclosure made reasonably and 21
in good faith— 22
‘‘(I) to a law enforcement officer 23
or agency; 24
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‘‘(II) as part of a document pro-1
duction or filing associated with a 2
legal proceeding; 3
‘‘(III) as part of medical edu-4
cation, diagnosis, or treatment or for 5
a legitimate medical, scientific, or 6
education purpose; 7
‘‘(IV) in the reporting of unlaw-8
ful content or unsolicited or unwel-9
come conduct or in pursuance of a 10
legal, professional, or other lawful ob-11
ligation; or 12
‘‘(V) to seek support or help with 13
respect to the receipt of an unsolicited 14
intimate visual depiction; 15
‘‘(iii) a disclosure reasonably intended 16
to assist the identifiable individual; 17
‘‘(iv) a person who possesses or pub-18
lishes an intimate visual depiction of him-19
self or herself engaged in nudity or sexu-20
ally explicit conduct (as that term is de-21
fined in section 2256(2)(A) of title 18, 22
United States Code); or 23
‘‘(v) the publication of an intimate 24
visual depiction that constitutes— 25
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‘‘(I) child pornography (as that 1
term is defined in section 2256 of title 2
18, United States Code); or 3
‘‘(II) a visual depiction described 4
in subsection (a) or (b) of section 5
1466A of title 18, United States Code 6
(relating to obscene visual representa-7
tions of the sexual abuse of children). 8
‘‘(3) O
FFENSE INVOLVING DIGITAL FOR -9
GERIES.— 10
‘‘(A) I
NVOLVING ADULTS.—Except as pro-11
vided in subparagraph (C), it shall be unlawful 12
for any person, in interstate or foreign com-13
merce, to use an interactive computer service to 14
knowingly publish a digital forgery of an identi-15
fiable individual who is not a minor if— 16
‘‘(i) the digital forgery was published 17
without the consent of the identifiable indi-18
vidual; 19
‘‘(ii) what is depicted was not volun-20
tarily exposed by the identifiable individual 21
in a public or commercial setting; 22
‘‘(iii) what is depicted is not a matter 23
of public concern; and 24
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‘‘(iv) publication of the digital for-1
gery— 2
‘‘(I) is intended to cause harm; 3
or 4
‘‘(II) causes harm, including psy-5
chological, financial, or reputational 6
harm, to the identifiable individual. 7
‘‘(B) I
NVOLVING MINORS.—Except as pro-8
vided in subparagraph (C), it shall be unlawful 9
for any person, in interstate or foreign com-10
merce, to use an interactive computer service to 11
knowingly publish a digital forgery of an identi-12
fiable individual who is a minor with intent 13
to— 14
‘‘(i) abuse, humiliate, harass, or de-15
grade the minor; or 16
‘‘(ii) arouse or gratify the sexual de-17
sire of any person. 18
‘‘(C) E
XCEPTIONS.—Subparagraphs (A) 19
and (B) shall not apply to— 20
‘‘(i) a lawfully authorized investiga-21
tive, protective, or intelligence activity of— 22
‘‘(I) a law enforcement agency of 23
the United States, a State, or a polit-24
ical subdivision of a State; or 25
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‘‘(II) an intelligence agency of 1
the United States; 2
‘‘(ii) a disclosure made reasonably and 3
in good faith— 4
‘‘(I) to a law enforcement officer 5
or agency; 6
‘‘(II) as part of a document pro-7
duction or filing associated with a 8
legal proceeding; 9
‘‘(III) as part of medical edu-10
cation, diagnosis, or treatment or for 11
a legitimate medical, scientific, or 12
education purpose; 13
‘‘(IV) in the reporting of unlaw-14
ful content or unsolicited or unwel-15
come conduct or in pursuance of a 16
legal, professional, or other lawful ob-17
ligation; or 18
‘‘(V) to seek support or help with 19
respect to the receipt of an unsolicited 20
intimate visual depiction; 21
‘‘(iii) a disclosure reasonably intended 22
to assist the identifiable individual; 23
‘‘(iv) a person who possesses or pub-24
lishes a digital forgery of himself or herself 25
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engaged in nudity or sexually explicit con-1
duct (as that term is defined in section 2
2256(2)(A) of title 18, United States 3
Code); or 4
‘‘(v) the publication of an intimate 5
visual depiction that constitutes— 6
‘‘(I) child pornography (as that 7
term is defined in section 2256 of title 8
18, United States Code); or 9
‘‘(II) a visual depiction described 10
in subsection (a) or (b) of section 11
1466A of title 18, United States Code 12
(relating to obscene visual representa-13
tions of the sexual abuse of children). 14
‘‘(4) P
ENALTIES.— 15
‘‘(A) O
FFENSES INVOLVING ADULTS .—Any 16
person who violates paragraph (2)(A) or (3)(A) 17
shall be fined under title 18, United States 18
Code, imprisoned not more than 2 years, or 19
both. 20
‘‘(B) O
FFENSES INVOLVING MINORS .—Any 21
person who violates paragraph (2)(B) or (3)(B) 22
shall be fined under title 18, United States 23
Code, imprisoned not more than 3 years, or 24
both. 25
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‘‘(5) RULES OF CONSTRUCTION .—For purposes 1
of paragraphs (2) and (3)— 2
‘‘(A) the fact that the identifiable indi-3
vidual provided consent for the creation of the 4
intimate visual depiction shall not establish that 5
the individual provided consent for the publica-6
tion of the intimate visual depiction; and 7
‘‘(B) the fact that the identifiable indi-8
vidual disclosed the intimate visual depiction to 9
another individual shall not establish that the 10
identifiable individual provided consent for the 11
publication of the intimate visual depiction by 12
the person alleged to have violated paragraph 13
(2) or (3), respectively. 14
‘‘(6) T
HREATS.— 15
‘‘(A) T
HREATS INVOLVING AUTHENTIC IN -16
TIMATE VISUAL DEPICTIONS .—Any person who 17
intentionally threatens to commit an offense 18
under paragraph (2) for the purpose of intimi-19
dation, coercion, extortion, or to create mental 20
distress shall be punished as provided in para-21
graph (4). 22
‘‘(B) T
HREATS INVOLVING DIGITAL FOR -23
GERIES.— 24
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‘‘(i) THREATS INVOLVING ADULTS .— 1
Any person who intentionally threatens to 2
commit an offense under paragraph (3)(A) 3
for the purpose of intimidation, coercion, 4
extortion, or to create mental distress shall 5
be fined under title 18, United States 6
Code, imprisoned not more than 18 7
months, or both. 8
‘‘(ii) T
HREATS INVOLVING MINORS .— 9
Any person who intentionally threatens to 10
commit an offense under paragraph (3)(B) 11
for the purpose of intimidation, coercion, 12
extortion, or to create mental distress shall 13
be fined under title 18, United States 14
Code, imprisoned not more than 30 15
months, or both. 16
‘‘(7) F
ORFEITURE.— 17
‘‘(A) I
N GENERAL.—The court, in impos-18
ing a sentence on any person convicted of a vio-19
lation of paragraph (2) or (3), shall order, in 20
addition to any other sentence imposed and ir-21
respective of any provision of State law, that 22
the person forfeit to the United States— 23
‘‘(i) any material distributed in viola-24
tion of that paragraph; 25
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‘‘(ii) the person’s interest in property, 1
real or personal, constituting or derived 2
from any gross proceeds of the violation, or 3
any property traceable to such property, 4
obtained or retained directly or indirectly 5
as a result of the violation; and 6
‘‘(iii) any personal property of the 7
person used, or intended to be used, in any 8
manner or part, to commit or to facilitate 9
the commission of the violation. 10
‘‘(B) P
ROCEDURES.—Section 413 of the 11
Controlled Substances Act (21 U.S.C. 853), 12
with the exception of subsections (a) and (d), 13
shall apply to the criminal forfeiture of property 14
under subparagraph (A). 15
‘‘(8) R
ESTITUTION.—The court shall order res-16
titution for an offense under paragraph (2) or (3) in 17
the same manner as under section 2264 of title 18, 18
United States Code. 19
‘‘(9) R
ULE OF CONSTRUCTION .—Nothing in 20
this subsection shall be construed to limit the appli-21
cation of any other relevant law, including section 22
2252 of title 18, United States Code.’’. 23
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(b) DEFENSES.—Section 223(e)(1) of the Commu-1
nications Act of 1934 (47 U.S.C. 223(e)(1)) is amended 2
by striking ‘‘or (d)’’ and inserting ‘‘, (d), or (h)’’. 3
(c) T
ECHNICAL AND CONFORMINGAMENDMENT.— 4
Subsection (i) of section 223 of the Communications Act 5
of 1934 (47 U.S.C. 223), as so redesignated by subsection 6
(a), is amended by inserting ‘‘D
EFINITIONS.—’’ before 7
‘‘For purposes of this section’’. 8
SEC. 3. NOTICE AND REMOVAL OF NONCONSENSUAL INTI-9
MATE VISUAL DEPICTIONS. 10
(a) I
NGENERAL.— 11
(1) N
OTICE AND REMOVAL PROCESS .— 12
(A) E
STABLISHMENT.—Not later than 1 13
year after the date of enactment of this Act, a 14
covered platform shall establish a process 15
whereby an identifiable individual (or an au-16
thorized person acting on behalf of such indi-17
vidual) may— 18
(i) notify the covered platform of an 19
intimate visual depiction published on the 20
covered platform that— 21
(I) includes a depiction of the 22
identifiable individual; and 23
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(II) was published without the 1
consent of the identifiable individual; 2
and 3
(ii) submit a request for the covered 4
platform to remove such intimate visual 5
depiction. 6
(B) R
EQUIREMENTS.—A notification and 7
request for removal of an intimate visual depic-8
tion submitted under the process established 9
under subparagraph (A) shall include, in writ-10
ing— 11
(i) a physical or electronic signature 12
of the identifiable individual (or an author-13
ized person acting on behalf of such indi-14
vidual); 15
(ii) an identification of, and informa-16
tion reasonably sufficient for the covered 17
platform to locate, the intimate visual de-18
piction of the identifiable individual; 19
(iii) a brief statement that the identi-20
fiable individual has a good faith belief 21
that any intimate visual depiction identi-22
fied under clause (ii) is not consensual, in-23
cluding any relevant information for the 24
covered platform to determine the intimate 25
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visual depiction was published without the 1
consent of the identifiable individual; and 2
(iv) information sufficient to enable 3
the covered platform to contact the identi-4
fiable individual (or an authorized person 5
acting on behalf of such individual). 6
(2) N
OTICE OF PROCESS.—A covered platform 7
shall provide on the platform a clear and con-8
spicuous notice, which may be provided through a 9
clear and conspicuous link to another web page or 10
disclosure, of the notice and removal process estab-11
lished under paragraph (1)(A) that— 12
(A) is easy to read and in plain language; 13
and 14
(B) provides information regarding the re-15
sponsibilities of the covered platform under this 16
section, including a description of how an indi-17
vidual can submit a notification and request for 18
removal. 19
(3) R
EMOVAL OF NONCONSENSUAL INTIMATE 20
VISUAL DEPICTIONS.—Upon receiving a valid re-21
moval request from an identifiable individual (or an 22
authorized person acting on behalf of such indi-23
vidual) using the process described in paragraph 24
(1)(A)(ii), a covered platform shall, as soon as pos-25
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sible, but not later than 48 hours after receiving 1
such request— 2
(A) remove the intimate visual depiction; 3
and 4
(B) make reasonable efforts to identify and 5
remove any known identical copies of such de-6
piction. 7
(4) L
IMITATION ON LIABILITY.—A covered plat-8
form shall not be liable for any claim based on the 9
covered platform’s good faith disabling of access to, 10
or removal of, material claimed to be a nonconsen-11
sual intimate visual depiction based on facts or cir-12
cumstances from which the unlawful publishing of 13
an intimate visual depiction is apparent, regardless 14
of whether the intimate visual depiction is ultimately 15
determined to be unlawful or not. 16
(b) E
NFORCEMENT BY THE COMMISSION.— 17
(1) U
NFAIR OR DECEPTIVE ACTS OR PRAC -18
TICES.—A failure to reasonably comply with the no-19
tice and takedown obligations under subsection (a) 20
shall be treated as a violation of a rule defining an 21
unfair or a deceptive act or practice under section 22
18(a)(1)(B) of the Federal Trade Commission Act 23
(15 U.S.C. 57a(a)(1)(B)). 24
(2) P
OWERS OF THE COMMISSION .— 25
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(A) IN GENERAL.—Except as provided in 1
subparagraph (D), the Commission shall en-2
force this section in the same manner, by the 3
same means, and with the same jurisdiction, 4
powers, and duties as though all applicable 5
terms and provisions of the Federal Trade 6
Commission Act (15 U.S.C. 41 et seq.) were in-7
corporated into and made a part of this section. 8
(B) P
RIVILEGES AND IMMUNITIES .—Any 9
person who violates this section shall be subject 10
to the penalties and entitled to the privileges 11
and immunities provided in the Federal Trade 12
Commission Act (15 U.S.C. 41 et seq.). 13
(C) A
UTHORITY PRESERVED .—Nothing in 14
this Act shall be construed to limit the author-15
ity of the Federal Trade Commission under any 16
other provision of law. 17
(D) S
COPE OF JURISDICTION .—Notwith-18
standing sections 4, 5(a)(2), or 6 of the Federal 19
Trade Commission Act (15 U.S.C. 44, 45(a)(2), 20
46), or any jurisdictional limitation of the Com-21
mission, the Commission shall also enforce this 22
section in the same manner provided in sub-23
paragraph (A), with respect to organizations 24
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that are not organized to carry on business for 1
their own profit or that of their members. 2
SEC. 4. DEFINITIONS. 3
In this Act: 4
(1) C
OMMISSION.—The term ‘‘Commission’’ 5
means the Federal Trade Commission. 6
(2) C
ONSENT; DIGITAL FORGERY; IDENTIFI-7
ABLE INDIVIDUAL; INTIMATE VISUAL DEPICTION .— 8
The terms ‘‘consent’’, ‘‘digital forgery’’, ‘‘identifiable 9
individual’’, ‘‘intimate visual depiction’’, and 10
‘‘minor’’ have the meaning given such terms in sec-11
tion 223(h) of the Communications Act of 1934 (47 12
U.S.C. 223), as added by section 2. 13
(3) C
OVERED PLATFORM .— 14
(A) I
N GENERAL.—The term ‘‘covered 15
platform’’ means a website, online service, on-16
line application, or mobile application— 17
(i) that serves the public; and 18
(ii)(I) that primarily provides a forum 19
for user-generated content, including mes-20
sages, videos, images, games, and audio 21
files; or 22
(II) for which it is in the regular 23
course of trade or business of the website, 24
online service, online application, or mobile 25
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application to publish, curate, host, or 1
make available content of nonconsensual 2
intimate visual depictions. 3
(B) E
XCLUSIONS.—The term ‘‘covered 4
platform’’ shall not include the following: 5
(i) A provider of broadband internet 6
access service (as described in section 7
8.1(b) of title 47, Code of Federal Regula-8
tions, or successor regulation). 9
(ii) Electronic mail. 10
(iii) Except as provided in subpara-11
graph (A)(ii)(II), an online service, appli-12
cation, or website— 13
(I) that consists primarily of con-14
tent that is not user generated but is 15
preselected by the provider of such on-16
line service, application, or website; 17
and 18
(II) for which any chat, com-19
ment, or interactive functionality is 20
incidental to, directly related to, or 21
dependent on the provision of the con-22
tent described in subclause (I). 23
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SEC. 5. SEVERABILITY. 1
If any provision of this Act, or an amendment made 2
by this Act, is determined to be unenforceable or invalid, 3
the remaining provisions of this Act and the amendments 4
made by this Act shall not be affected. 5
Æ
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