H.R. 633

[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