Criminalizes intentional sharing of intimate visual depictions without consent through technology, with fines and imprisonment for offenders.
Requires platforms to establish a process for easy and prompt removal of nonconsensual intimate visual depictions upon request.
Provides provisions for forfeiture of materials and property, restitution, and enforcement by the Federal Trade Commission.
Platforms not liable for removing unlawful content and must comply with takedown requests, facing penalties for non-compliance.
Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act
This bill generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence.
Specifically, the bill prohibits the online publication of intimate visual depictions of
- an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or
- a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.
Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties.
Separately, covered platforms must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification. Under the bill, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.
