WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
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''.
This section establishes the short title of the Act as the TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act). No compliance obligations are created.
(2)(A) 1 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 serviceInteractive computer serviceThe term 'interactive computer service' has the meaning given the term in section 230.47 U.S.C. § 223(h)(1)(D) to knowingly publish an intimate visual depiction of an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) who is not a minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F) if— (i) the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) had a reasonable expectation of privacy; (ii) what is depicted was not voluntarily exposed by the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) in a public or commercial setting; (iii) what is depicted is not a matter of public concern; and (iv) publication of the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E)— (I) is intended to cause harm; or (II) causes harm, including psychological, financial, or reputational harm, to the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C).
(2)(B) 2 INVOLVING MINORSMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F).—Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer serviceInteractive computer serviceThe term 'interactive computer service' has the meaning given the term in section 230.47 U.S.C. § 223(h)(1)(D) to knowingly publish an intimate visual depiction of an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) who is a minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F) with intent to— (i) abuse, humiliate, harass, or degrade the minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F); or (ii) arouse or gratify the sexual desire of any person.
(2)(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 depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E); (iii) a disclosure reasonably intended to assist the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); (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 depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) 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).
This provision creates a federal criminal offense for knowingly publishing authentic nonconsensual intimate visual depictions via an interactive computer service. The offense has distinct elements depending on whether the depicted individual is an adult or a minor. For adults, the government must prove the depiction was obtained under circumstances where the individual had a reasonable expectation of privacy, the content was not voluntarily exposed publicly, is not a matter of public concern, and the publication was intended to cause or actually caused harm. For minors, the intent requirement is narrower — the government must show intent to abuse, humiliate, harass, or degrade the minor, or to arouse or gratify sexual desire.
Broad exceptions apply for law enforcement and intelligence activities, good-faith disclosures to law enforcement or in legal proceedings, medical and scientific purposes, reporting unlawful content, seeking support, self-depiction, and content that constitutes child pornography prosecutable under other federal statutes.
(3)(A) 3 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 serviceInteractive computer serviceThe term 'interactive computer service' has the meaning given the term in section 230.47 U.S.C. § 223(h)(1)(D) to knowingly publish a digital forgery of an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) who is not a minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F) if— (i) the digital forgeryDigital forgeryThe 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.47 U.S.C. § 223(h)(1)(B) was published without the consent of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); (ii) what is depicted was not voluntarily exposed by the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) in a public or commercial setting; (iii) what is depicted is not a matter of public concern; and (iv) publication of the digital forgeryDigital forgeryThe 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.47 U.S.C. § 223(h)(1)(B)— (I) is intended to cause harm; or (II) causes harm, including psychological, financial, or reputational harm, to the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C).
(3)(B) 4 INVOLVING MINORSMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F).—Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer serviceInteractive computer serviceThe term 'interactive computer service' has the meaning given the term in section 230.47 U.S.C. § 223(h)(1)(D) to knowingly publish a digital forgery of an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) who is a minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F) with intent to— (i) abuse, humiliate, harass, or degrade the minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F); or (ii) arouse or gratify the sexual desire of any person.
(3)(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 depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E); (iii) a disclosure reasonably intended to assist the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); (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 depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) 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.
This provision creates a parallel criminal offense for knowingly publishing AI-generated intimate visual depictions — defined as digital forgeries — via interactive computer services. The elements and structure mirror the authentic-depiction offenses in paragraph (2), but the adult offense replaces the privacy-expectation element with a lack-of-consent element, reflecting that digitally fabricated content is inherently nonconsensual. The same broad exceptions for law enforcement, legal proceedings, medical education, self-depiction, and other good-faith disclosures apply.
This is the provision most directly relevant to AI regulation, as it creates criminal liability for publishing AI-generated deepfake intimate imagery that is indistinguishable from authentic content.
(4) 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 MINORSMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F).—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 individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) provided consentConsentThe term 'consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.47 U.S.C. § 223(h)(1)(A) for the creation of the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) shall not establish that the individual provided consentConsentThe term 'consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.47 U.S.C. § 223(h)(1)(A) for the publication of the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E); and (B) the fact that the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) disclosed the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) to another individual shall not establish that the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) provided consentConsentThe term 'consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.47 U.S.C. § 223(h)(1)(A) for the publication of the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) by the person alleged to have violated paragraph (2) or (3), respectively.
(6) THREATS INVOLVING AUTHENTIC INTIMATE VISUAL DEPICTIONSIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E).—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 MINORSMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F).—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) 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.
These provisions establish the penalty framework, interpretive rules, and ancillary criminal provisions for the offenses created in paragraphs (2) and (3). Penalties are tiered: adult-involving offenses carry up to 2 years imprisonment and a fine; minor-involving offenses carry up to 3 years. Threats to publish NCII for intimidation, coercion, extortion, or to create mental distress are independently punishable — up to 18 months for threats involving adult digital forgeries and 30 months for minor digital forgeries, with the same penalties as the underlying offense for threats involving authentic depictions.
The rules of construction clarify that consent to create an intimate visual depiction does not imply consent to publish it, and that disclosure to one person does not establish consent to publication by another. Mandatory forfeiture and restitution apply to all convictions.
(a)(1)(A)–(B) 5 ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, a covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) shall establish a process whereby an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) (or an authorized person acting on behalf of such individual) may— (i) notify the covered platform of an intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) published on the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) that— (I) includes a depiction of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); and (II) was published without the consent of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); and (ii) submit a request for the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) to remove such intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E). (B) REQUIREMENTS.—A notification and request for removal of an intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) submitted under the process established under subparagraph (A) shall include, in writing— (i) a physical or electronic signature of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) (or an authorized person acting on behalf of such individual); (ii) an identification of, and information reasonably sufficient for the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) to locate, the intimate visual depiction of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); (iii) a brief statement that the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) has a good faith belief that any intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) identified under clause (ii) is not consensual, including any relevant information for the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) to determine the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) was published without the consent of the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); and (iv) information sufficient to enable the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) to contact the identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) (or an authorized person acting on behalf of such individual).
(a)(2) 6 NOTICE OF PROCESS.—A covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) 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 platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) under this section, including a description of how an individual can submit a notification and request for removal.
Section 3 imposes the bill's core platform-compliance obligations. Within one year of enactment, every covered platform must establish a written notice-and-takedown process enabling identifiable individuals (or authorized representatives) to report and request removal of nonconsensual intimate visual depictions. The process must accept written submissions containing the individual's signature, information sufficient to locate the content, a good-faith statement of nonconsent, and contact information.
Covered platforms must also provide a clear and conspicuous notice of this process on the platform itself, in plain language, describing how individuals can submit removal requests. This notice obligation functions as a consumer-facing disclosure requirement separate from the takedown process itself.
(a)(3) 7 REMOVAL OF NONCONSENSUAL INTIMATE VISUAL DEPICTIONSIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E).—Upon receiving a valid removal request from an identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C) (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) shall, as soon as possible, but not later than 48 hours after receiving such request— (A) remove the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E); and (B) make reasonable efforts to identify and remove any known identical copies of such depiction.
(a)(4) LIMITATION ON LIABILITY.—A covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3) shall not be liable for any claim based on the covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3)'s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) based on facts or circumstances from which the unlawful publishing of an intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) is apparent, regardless of whether the intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E) is ultimately determined to be unlawful or not.
This provision imposes the bill's core operational obligation: upon receiving a valid removal request, a covered platform must remove the nonconsensual intimate visual depiction as soon as possible, and no later than 48 hours after receipt. The platform must also make reasonable efforts to identify and remove any known identical copies of the depiction.
The limitation-on-liability provision creates a safe harbor for good-faith removal: covered platforms are not liable for disabling access to or removing material claimed to be nonconsensual intimate imagery, even if the content is ultimately determined not to be unlawful. This mirrors the structure of DMCA safe harbors.
(b)(1)–(2) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF THE COMMISSIONCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1).— (A) IN GENERAL.—Except as provided in subparagraph (D), the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) 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 CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) under any other provision of law. (D) SCOPE OF JURISDICTION.—Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) Act (15 U.S.C. 44, 45(a)(2), 46), or any jurisdictional limitation of the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1), the CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1) 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.
Section 3(b) designates the Federal Trade Commission as the enforcer of the platform notice-and-takedown obligations. A failure to reasonably comply is treated as a violation of a rule defining an unfair or deceptive act or practice under Section 18(a)(1)(B) of the FTC Act. The FTC enforces with the same jurisdiction, powers, and duties as under the FTC Act, except that its jurisdiction is expanded to cover nonprofit organizations — overriding the FTC Act's traditional limitation to for-profit entities. The bill preserves the FTC's authority under all other provisions of law.
(1)–(3) COMMISSIONCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1).—The term ''CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1)'' means the Federal Trade CommissionCommissionThe term 'Commission' means the Federal Trade Commission.Section 4(1). (2) CONSENTConsentThe term 'consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.47 U.S.C. § 223(h)(1)(A); DIGITAL FORGERYDigital forgeryThe 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.47 U.S.C. § 223(h)(1)(B); IDENTIFIABLE INDIVIDUALIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C); INTIMATE VISUAL DEPICTIONIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E).—The terms ''consentConsentThe term 'consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.47 U.S.C. § 223(h)(1)(A)'', ''digital forgeryDigital forgeryThe 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.47 U.S.C. § 223(h)(1)(B)'', ''identifiable individualIdentifiable individualThe 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.47 U.S.C. § 223(h)(1)(C)'', ''intimate visual depictionIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E)'', and ''minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F)'' 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 PLATFORMCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3).— (A) IN GENERAL.—The term ''covered platformCovered platformThe 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. The term shall not include: (i) A provider of broadband internet access service; (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).Section 4(3)'' 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 depictionsIntimate visual depictionThe term 'intimate visual depiction' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).47 U.S.C. § 223(h)(1)(E).
Section 4 provides the definitions applicable to the Act as a whole. Key terms including consent, digital forgery, identifiable individual, intimate visual depiction, and minor are defined by cross-reference to the new Section 223(h) of the Communications Act added by Section 2. The definition of covered platform is provided directly: it covers public-facing websites, online services, and mobile applications that primarily provide a forum for user-generated content or that regularly publish NCII content. Exclusions apply for broadband providers, email, and websites with primarily preselected (non-user-generated) content where interactive features are incidental.
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.
Standard severability provision ensuring that if any provision of the Act is determined to be unenforceable or invalid, the remaining provisions are not affected. Creates no compliance obligation.
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