[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 146 Enrolled Bill (ENR)]
S.146
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty five
An Act
To require covered platforms to remove nonconsensual intimate visual
depictions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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''.
SEC. 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''.
SEC. 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.
SEC. 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).
SEC. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.