119-hr633

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 633 Reported in House

    (RH) ]

<DOC>

 Union Calendar No. 59
119th CONGRESS
 1st Session
 H. R. 633

 [Report No. 119-82]

 To require covered platforms to remove nonconsensual intimate visual 
 depictions, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 22, 2025

 Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Pfluger, Mrs. 
Dingell, Mr. Buchanan, and Ms. Plaskett) introduced the following bill; 
 which was referred to the Committee on Energy and Commerce

 April 28, 2025

 Additional sponsors: Ms. De La Cruz, Mr. Costa, Mr. Smith of New 
Jersey, Ms. Lee of Nevada, Mr. Khanna, Mrs. Bice, Mr. Kean, Mr. Suozzi, 
 Mr. Goldman of Texas, Ms. Boebert, Mr. Crenshaw, Mr. Higgins of 
Louisiana, Mr. Wilson of South Carolina, Mr. Meuser, Mr. Van Drew, Mr. 
Nunn of Iowa, Mr. Guest, Mr. Hamadeh of Arizona, Mr. Carter of Georgia, 
 Mr. Hurd of Colorado, Mr. Williams of Texas, Ms. Malliotakis, Mr. 
 Edwards, Mr. Carbajal, Mr. Fitzpatrick, Mr. Bresnahan, Mr. Harrigan, 
 Mr. LaLota, Mr. Fulcher, Ms. McBride, Mr. Gooden, Mr. Cuellar, Ms. 
 Craig, Mr. Obernolte, Ms. Fedorchak, and Mr. Mackenzie

 April 28, 2025

Committed to the Committee of the Whole House on the State of the Union 
 and ordered to be printed

_______________________________________________________________________

 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 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 

section 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.
 Union Calendar No. 59

119th CONGRESS

 1st Session

 H. R. 633

 [Report No. 119-82]

_______________________________________________________________________

 A BILL

 To require covered platforms to remove nonconsensual intimate visual 
 depictions, and for other purposes.

_______________________________________________________________________

 April 28, 2025

Committed to the Committee of the Whole House on the State of the Union 
 and ordered to be printed