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 arise from this section.
(1)(A) The term '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)' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.
(1)(B) The term '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)' means any 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) 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.
(1)(C) The term '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)' means an individual— (i) who appears in whole or in part in 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); 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 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).
(1)(D) The term '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)' has the meaning given the term in section 230.
(1)(E) The term '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)' has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).
(1)(F) The term 'minorMinorThe term 'minor' means any individual under the age of 18 years.47 U.S.C. § 223(h)(1)(F)' means any individual under the age of 18 years.
This subsection defines the key terms used throughout the criminal prohibition provisions. The most consequential definition for AI compliance is digital forgery, which captures any intimate visual depiction of an identifiable individual created through software, machine learning, artificial intelligence, or any other computer-generated means that is indistinguishable from an authentic depiction when viewed by a reasonable person. The definition of consent requires affirmative, conscious, and voluntary authorization free from coercion. Identifiable individual requires both appearance in the depiction and display of a distinguishing characteristic in connection with it.
(2)(A) 1 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 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) 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; 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 child pornography or a visual depiction described in subsection (a) or (b) of section 1466A of title 18, United States Code.
This subsection criminalizes the knowing publication of authentic (non-AI-generated) intimate visual depictions via interactive computer services without consent. The adult offense requires that the depiction was obtained under circumstances where the publisher knew or should have known the subject had a reasonable expectation of privacy, plus either intent to cause harm or actual harm. The minor offense requires only intent to abuse, humiliate, harass, degrade, or sexually gratify. Enumerated exceptions cover law enforcement, legal proceedings, medical and educational purposes, self-depiction, and good-faith reporting of unlawful content. While this subsection targets authentic images rather than AI-generated content, it forms the baseline prohibition that Section 223(h)(3) mirrors for digital forgeries.
(3)(A) 3 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 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) 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 (relating to obscene visual representations of the sexual abuse of children).
This is the Act's core AI provision. It criminalizes the knowing publication of a digital forgery — an AI-generated intimate visual depiction indistinguishable from an authentic depiction — of an identifiable individual via an interactive computer service without the individual's consent. For adults, the offense requires nonconsent, non-public-concern content, and either intent to cause harm or actual harm. For minors, intent to abuse, degrade, harass, or sexually gratify suffices. The same exceptions applicable to authentic depictions apply here. This provision directly targets AI-generated deepfake NCII and establishes federal criminal liability for any person who publishes such content.
(4)(A) 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.
(4)(B) 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)(A)–(B) 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)(A) 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).
(6)(B)(i) 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.
(6)(B)(ii) 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)(A)–(B) 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. 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) 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) 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 subsections establish the penalty framework for violations of the criminal prohibitions. Adult offenses carry up to 2 years imprisonment; minor offenses carry up to 3 years. Separate threat offenses carry penalties ranging from 18 months (adults, digital forgeries) to the full underlying penalty (authentic depictions). Mandatory criminal forfeiture of materials, proceeds, and instrumentalities applies to all convictions, as does mandatory restitution under 18 U.S.C. § 2264. The rules of construction clarify that consent to create an intimate depiction does not imply consent to publish, and that sharing a depiction with one person does not imply consent to publication by another. A savings clause preserves existing law, including 18 U.S.C. § 2252.
(a)(1)(A)–(B) 5 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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). 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 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.
(a)(3) 7 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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) 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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 section imposes the Act's core platform compliance obligations. Covered platforms must, within one year of enactment, establish and operate a notice-and-removal process enabling identifiable individuals (or their authorized representatives) to submit written requests for takedown of nonconsensual intimate visual depictions. The process must accept requests containing specified elements: a signature, locating information, a good-faith nonconsent statement, and contact information. Upon receiving a valid request, the platform must remove the depiction and make reasonable efforts to remove known identical copies within 48 hours. Platforms must also publish clear and conspicuous notice of the process on the platform. A safe harbor protects platforms from liability for good-faith removal of content that may not ultimately be determined unlawful.
(b)(1) 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)).
(b)(2)(A)–(D) 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.
This section designates the Federal Trade Commission as the enforcement authority for the platform notice-and-takedown obligations. Failure to reasonably comply is treated as a violation of an FTC Act unfair-or-deceptive-practices rule, giving the FTC its full range of enforcement tools. The FTC's jurisdiction is explicitly extended to cover nonprofit organizations — overriding the usual FTC Act exclusion for entities not organized for profit. No private right of action is created.
(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) 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)(A)–(B) 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.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). 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 'covered platform' shall not include the following: (i) A provider of broadband internet access service. (ii) Electronic mail. (iii) An online service, application, or website that consists primarily of content that is not user generated but is preselected by the provider and for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of such content.Section 4(3)'' 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).
This section provides definitions applicable to Sections 3 and 5 of the Act. The most significant definition is covered platform, which captures any public-facing website, online service, or application that primarily provides a forum for user-generated content or that regularly publishes, curates, hosts, or makes available NCII content. Broadband internet access providers, email services, and platforms consisting primarily of provider-curated (non-user-generated) content with only incidental interactive features are excluded.
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 clause preserving the remainder of the Act and its amendments if any individual provision is struck down. Given the First Amendment concerns raised about the mandatory 48-hour takedown requirement and the breadth of the digital forgery definition, this clause may prove significant.