[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.
<all>