119-s146

[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.