Take It Down Act

Summary

Amends the Communications Act of 1934 to criminalize the publication of nonconsensual intimate visual depictions, including digital forgeries created using AI, in interstate or foreign commerce.

Defines digital forgeries as depictions created with AI or other technological means that are indistinguishable from authentic depictions.

Prohibits the publication of such depictions for both adults and minors, with specific intent requirements such as causing harm or for sexual gratification.

Imposes penalties, including fines and imprisonment, for offenses involving adults and harsher penalties for those involving minors.

Mandates covered platforms, such as websites with user-generated content, to establish a process for the removal of nonconsensual depictions within 48 hours of receiving a request.

Enforces compliance through the Federal Trade Commission, treating violations as unfair or deceptive acts.

Provides exceptions for certain authorized law enforcement and good faith activities and outlines processes for restitution and forfeiture related to violations.

Cites the act as "TAKE IT DOWN Act," and prohibits disclosing nonconsensual intimate visual depictions.

TITLE IX--TAKE IT DOWN ACT

SEC. 1001. SHORT TITLE.

This title 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. 1002. 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.--

Defines consent, digital forgery, identifiable individuals, interactive services, intimate depictions, and minors.

``(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.

Prohibits using computer services to publish intimate visuals without consent, targeting both adults and minors.

``(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.

Exempts certain investigative, protective, and intelligence activities, specific disclosures, and self-published depictions.

``(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; or ``(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).

Prohibits publishing digital forgeries without consent, intending harm, involving adults or minors in harmful contexts.

``(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.

Exempts specific law enforcement, intelligence, legal, medical, reporting, assistance activities, or self-published digital forgeries.

``(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; or ``(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).

Imposes fines or imprisonment for adults and minors violating specific privacy laws. Clarifies consent interpretation.

``(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.

Punishes threats for intimidation, coercion, extortion, or distress with fines, imprisonment, or both.

``(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.

Orders confiscation of distributed material, derived proceeds, and used property upon conviction of specified violations.

``(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).

Orders restitution as per section 2264 and clarifies non-limitation of other relevant laws.

``(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.''.

Amends the Communications Act to add defenses and clarify definitions regarding nonconsensual intimate visual depictions.

(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. 1003. NOTICE AND REMOVAL OF NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.

Requires covered platforms to establish a process to remove non-consensual 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.

Requires notification and removal requests to include signature, identification, belief statement, and contact information.

(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).

Requires platforms to provide removal process notice and swiftly remove nonconsensual intimate visuals within 48 hours.

(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.

Treats failure to comply as unfair acts; empowers Commission like under the Federal Trade Commission Act.

(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.).

Preserves FTC authority and expands jurisdiction to enforce regulations on non-profit organizations.

(C) Authority preserved.--Nothing in this title 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.

Defines terms and phrases related to "Commission" and "covered platform" per specified federal regulations.

SEC. 1004. DEFINITIONS.

In this title: (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 1002. (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).

Ensures unaffected remaining provisions if any section is deemed unenforceable or invalid.

SEC. 1005. SEVERABILITY.

If any provision of this title, or an amendment made by this title, is determined to be unenforceable or invalid, the remaining provisions of this title and the amendments made by this title shall not be affected.