[Congressional Record Volume 171, Number 30 (Thursday, February 13, 2025)]
[Senate]
[Pages S988-S990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TOOLS TO ADDRESS KNOWN EXPLOTATIONS BY IMMOBILIZING TECHNOLOGICAL
DEEPTAKES ON WEBSITES AND NETWORKS ACT
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
Committee on Commerce, Science, and Transportation be discharged from
further consideration of S. 146 and the Senate proceed to its immediate
consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant executive clerk read as follows:
A bill (S. 146) to require covered platforms to remove
nonconsensual intimate visual depictions, and for other
purposes.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Ms. MURKOWSKI. I ask unanimous consent that the bill be considered
read a third time and passed and the motion to reconsider be considered
made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 146) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 146
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--
[[Page S989]]
``(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
[[Page S990]]
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.
____________________