[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4569 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4569

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2024

Mr. Cruz (for himself, Ms. Klobuchar, Mrs. Capito, Mr. Blumenthal, Ms. 
 Lummis, Ms. Rosen, Mr. Budd, Ms. Butler, Mr. Young, Mr. Manchin, Mr. 
 Cassidy, Mr. Hickenlooper, Mr. Heinrich, and Mr. Barrasso) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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) Deepfake.--The term `deepfake' means a video 
                or image that is generated or substantially modified 
                using machine-learning techniques or any other 
                computer-generated or machine-generated means to 
                falsely depict an individual's appearance or conduct 
                within an intimate visual depiction.
                    ``(C) Identifiable individual.--
                            ``(i) In general.--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.
                            ``(ii) Appears.--For purposes of clause 
                        (i), an individual appears in an intimate 
                        visual depiction if--
                                    ``(I) the individual is actually 
                                the individual identified in the 
                                intimate visual depiction; or
                                    ``(II) a deepfake of the individual 
                                is used to realistically depict the 
                                individual such that a reasonable 
                                person would believe the individual is 
                                actually depicted in the 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.--
                    ``(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; or
                                    ``(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).
            ``(3) Penalties.--
                    ``(A) Offenses involving adults.--Any person who 
                violates paragraph (2)(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) shall be fined under title 
                18, United States Code, imprisoned not more than 3 
                years, or both.
            ``(4) Rules of construction.--For purposes of paragraph 
        (2)--
                    ``(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).
            ``(5) Threats.--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 (3).
            ``(6) Forfeiture.--
                    ``(A) In general.--The court, in imposing a 
                sentence on any person convicted of a violation of 
                subparagraph (2), 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).
            ``(7) Restitution.--The court shall order restitution for 
        an offense under paragraph (2) in the same manner as under 
        section 2264 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 representative 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 
                        representative of such individual);
                            (ii) an identification of the intimate 
                        visual depiction of the identifiable 
                        individual; and
                            (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.
            (2) Notice of process.--A covered platform shall provide on 
        the platform a clear and conspicuous notice of the notice and 
        removal process established under paragraph (1)(A).
            (3) Removal of nonconsensual intimate visual depictions.--
        Upon receiving a valid removal request from an identifiable 
        individual (or an authorized representative of such individual) 
        using the process described in paragraph (1)(A)(ii), a covered 
        platform shall remove the intimate visual depiction and make 
        reasonable efforts to remove any identical copies of such 
        depiction as soon as possible, but not later than 48 hours 
        after receiving such request.
            (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 violation of 
        this section 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 Act 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; deepfake; identifiable individual; intimate 
        visual depiction.--The terms ``consent'', ``deepfake'', 
        ``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 that--
                            (i) serves the public; and
                            (ii) primarily provides a forum for user-
                        generated content, including messages, videos, 
                        images, games, and audio files.
                    (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) 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).
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