S. 146

[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:

[[Page 139 STAT. 62]]

(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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