[119th Congress Public Law 12]
[From the U.S. Government Publishing Office]



[[Page 139 STAT. 55]]

Public Law 119-12
119th Congress

                                 An Act


 
  To require covered platforms to remove nonconsensual intimate visual 
 depictions, and for other purposes. <<NOTE: May 19, 2025 -  [S. 146]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Tools to Address 
Known Exploitation by Immobilizing Technological Deepfakes on Websites 
and Networks Act.>> 
SECTION 1. <<NOTE: 47 USC 609 note.>>  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.

[[Page 139 STAT. 56]]

                    ``(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

[[Page 139 STAT. 57]]

                                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

[[Page 139 STAT. 58]]

                                    ``(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

[[Page 139 STAT. 59]]

                of intimidation, coercion, extortion, or to create 
                mental distress shall be punished as provided in 
                paragraph (4).
                    ``(B) <<NOTE: Penalties. Time periods.>>  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) <<NOTE: Courts.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Courts.>>  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. <<NOTE: 47 USC 223a note.>>  NOTICE AND REMOVAL OF 
                    NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.

    (a) In General.--
            (1) Notice and removal process.--
                    (A) <<NOTE: Deadline.>>  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

[[Page 139 STAT. 60]]

                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 <<NOTE: Deadline.>>  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.

[[Page 139 STAT. 61]]

    (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. <<NOTE: 47 USC 223a note.>>  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:

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                          (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. <<NOTE: 47 USC 223 note.>>  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.

    Approved May 19, 2025.

LEGISLATIVE HISTORY--S. 146 (H.R. 633):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 119-82 (Comm. on Energy and Commerce) accompanying 
H.R. 633.
CONGRESSIONAL RECORD, Vol. 171 (2025):
            Feb. 13, considered and passed Senate.
            Apr. 28, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025):
            May 19, Presidential remarks.

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