118TH CONGRESS 

2D SESSION S. 4569 

AN ACT 

To require covered platforms to remove nonconsensual 

intimate visual depictions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 4569 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Tools to Address 

3 Known Exploitation by Immobilizing Technological 

4 Deepfakes on Websites and Networks Act’’ or the ‘‘TAKE 

5 IT DOWN Act’’. 

6 SEC. 2. CRIMINAL PROHIBITION ON INTENTIONAL DISCLO7 SURE OF NONCONSENSUAL INTIMATE VISUAL 

8 DEPICTIONS. 

9 (a) IN GENERAL.—Section 223 of the Communica10 tions Act of 1934 (47 U.S.C. 223) is amended— 

11 (1) by redesignating subsection (h) as sub12 section (i); and 

13 (2) by inserting after subsection (g) the fol14 lowing: 

15 ‘‘(h) INTENTIONAL DISCLOSURE OF NONCONSEN16 SUAL INTIMATE VISUAL DEPICTIONS.— 

17 ‘‘(1) DEFINITIONS.—In this subsection: 

18 ‘‘(A) CONSENT.—The term ‘consent’ 

19 means an affirmative, conscious, and voluntary 

20 authorization made by an individual free from 

21 force, fraud, duress, misrepresentation, or coer22 cion. 

23 ‘‘(B) DIGITAL FORGERY.—The term ‘dig24 ital forgery’ means any intimate visual depic25 tion of an identifiable individual created 

26 through the use of software, machine learning, 
3 

†S 4569 ES

1 artificial intelligence, or any other computer2 generated or technological means, including by 

3 adapting, modifying, manipulating, or altering 

4 an authentic visual depiction, that, when viewed 

5 as a whole by a reasonable person, is indistin6 guishable from an authentic visual depiction of 

7 the individual. 

8 ‘‘(C) IDENTIFIABLE INDIVIDUAL.—The 

9 term ‘identifiable individual’ means an indi10 vidual— 

11 ‘‘(i) who appears in whole or in part 

12 in an intimate visual depiction; and 

13 ‘‘(ii) whose face, likeness, or other dis14 tinguishing characteristic (including a 

15 unique birthmark or other recognizable 

16 feature) is displayed in connection with 

17 such intimate visual depiction. 

18 ‘‘(D) INTERACTIVE COMPUTER SERVICE.— 

19 The term ‘interactive computer service’ has the 

20 meaning given the term in section 230. 

21 ‘‘(E) INTIMATE VISUAL DEPICTION.—The 

22 term ‘intimate visual depiction’ has the mean23 ing given such term in section 1309 of the Con24 solidated Appropriations Act, 2022 (15 U.S.C. 

25 6851). 
4 

†S 4569 ES

1 ‘‘(F) MINOR.—The term ‘minor’ means 

2 any individual under the age of 18 years. 

3 ‘‘(2) OFFENSE INVOLVING AUTHENTIC INTI4 MATE VISUAL DEPICTIONS.— 

5 ‘‘(A) INVOLVING ADULTS.—Except as pro6 vided in subparagraph (C), it shall be unlawful 

7 for any person, in interstate or foreign com8 merce, to use an interactive computer service to 

9 knowingly publish an intimate visual depiction 

10 of an identifiable individual who is not a minor 

11 if— 

12 ‘‘(i) the intimate visual depiction was 

13 obtained or created under circumstances in 

14 which the person knew or reasonably 

15 should have known the identifiable indi16 vidual had a reasonable expectation of pri17 vacy; 

18 ‘‘(ii) what is depicted was not volun19 tarily exposed by the identifiable individual 

20 in a public or commercial setting; 

21 ‘‘(iii) what is depicted is not a matter 

22 of public concern; and 

23 ‘‘(iv) publication of the intimate visual 

24 depiction— 
5 

†S 4569 ES

1 ‘‘(I) is intended to cause harm; 

2 or 

3 ‘‘(II) causes harm, including psy4 chological, financial, or reputational 

5 harm, to the identifiable individual. 

6 ‘‘(B) INVOLVING MINORS.—Except as pro7 vided in subparagraph (C), it shall be unlawful 

8 for any person, in interstate or foreign com9 merce, to use an interactive computer service to 

10 knowingly publish an intimate visual depiction 

11 of an identifiable individual who is a minor with 

12 intent to— 

13 ‘‘(i) abuse, humiliate, harass, or de14 grade the minor; or 

15 ‘‘(ii) arouse or gratify the sexual de16 sire of any person. 

17 ‘‘(C) EXCEPTIONS.—Subparagraphs (A) 

18 and (B) shall not apply to— 

19 ‘‘(i) a lawfully authorized investiga20 tive, protective, or intelligence activity of— 

21 ‘‘(I) a law enforcement agency of 

22 the United States, a State, or a polit23 ical subdivision of a State; or 

24 ‘‘(II) an intelligence agency of 

25 the United States; 
6 

†S 4569 ES

1 ‘‘(ii) a disclosure made reasonably and 

2 in good faith— 

3 ‘‘(I) to a law enforcement officer 

4 or agency; 

5 ‘‘(II) as part of a document pro6 duction or filing associated with a 

7 legal proceeding; 

8 ‘‘(III) as part of medical edu9 cation, diagnosis, or treatment or for 

10 a legitimate medical, scientific, or 

11 education purpose; 

12 ‘‘(IV) in the reporting of unlaw13 ful content or unsolicited or unwel14 come conduct or in pursuance of a 

15 legal, professional, or other lawful ob16 ligation; or 

17 ‘‘(V) to seek support or help with 

18 respect to the receipt of an unsolicited 

19 intimate visual depiction; 

20 ‘‘(iii) a disclosure reasonably intended 

21 to assist the identifiable individual; or 

22 ‘‘(iv) a person who possesses or pub23 lishes an intimate visual depiction of him24 self or herself engaged in nudity or sexu25 ally explicit conduct (as that term is de-
7 

†S 4569 ES

1 fined in section 2256(2)(A) of title 18, 

2 United States Code). 

3 ‘‘(3) OFFENSE INVOLVING DIGITAL FOR4 GERIES.— 

5 ‘‘(A) INVOLVING ADULTS.—Except as pro6 vided in subparagraph (C), it shall be unlawful 

7 for any person, in interstate or foreign com8 merce, to use an interactive computer service to 

9 knowingly publish a digital forgery of an identi10 fiable individual who is not a minor if— 

11 ‘‘(i) the digital forgery was published 

12 without the consent of the identifiable indi13 vidual; 

14 ‘‘(ii) what is depicted was not volun15 tarily exposed by the identifiable individual 

16 in a public or commercial setting; 

17 ‘‘(iii) what is depicted is not a matter 

18 of public concern; and 

19 ‘‘(iv) publication of the digital for20 gery— 

21 ‘‘(I) is intended to cause harm; 

22 or 

23 ‘‘(II) causes harm, including psy24 chological, financial, or reputational 

25 harm, to the identifiable individual. 
8 

†S 4569 ES

1 ‘‘(B) INVOLVING MINORS.—Except as pro2 vided in subparagraph (C), it shall be unlawful 

3 for any person, in interstate or foreign com4 merce, to use an interactive computer service to 

5 knowingly publish a digital forgery of an identi6 fiable individual who is a minor with intent 

7 to— 

8 ‘‘(i) abuse, humiliate, harass, or de9 grade the minor; or 

10 ‘‘(ii) arouse or gratify the sexual de11 sire of any person. 

12 ‘‘(C) EXCEPTIONS.—Subparagraphs (A) 

13 and (B) shall not apply to— 

14 ‘‘(i) a lawfully authorized investiga15 tive, protective, or intelligence activity of— 

16 ‘‘(I) a law enforcement agency of 

17 the United States, a State, or a polit18 ical subdivision of a State; or 

19 ‘‘(II) an intelligence agency of 

20 the United States; 

21 ‘‘(ii) a disclosure made reasonably and 

22 in good faith— 

23 ‘‘(I) to a law enforcement officer 

24 or agency; 
9 

†S 4569 ES

1 ‘‘(II) as part of a document pro2 duction or filing associated with a 

3 legal proceeding; 

4 ‘‘(III) as part of medical edu5 cation, diagnosis, or treatment or for 

6 a legitimate medical, scientific, or 

7 education purpose; 

8 ‘‘(IV) in the reporting of unlaw9 ful content or unsolicited or unwel10 come conduct or in pursuance of a 

11 legal, professional, or other lawful ob12 ligation; or 

13 ‘‘(V) to seek support or help with 

14 respect to the receipt of an unsolicited 

15 intimate visual depiction; 

16 ‘‘(iii) a disclosure reasonably intended 

17 to assist the identifiable individual; or 

18 ‘‘(iv) a person who possesses or pub19 lishes a digital forgery of himself or herself 

20 engaged in nudity or sexually explicit con21 duct (as that term is defined in section 

22 2256(2)(A) of title 18, United States 

23 Code). 

24 ‘‘(4) PENALTIES.— 
10 

†S 4569 ES

1 ‘‘(A) OFFENSES INVOLVING ADULTS.—Any 

2 person who violates paragraph (2)(A) or (3)(A) 

3 shall be fined under title 18, United States 

4 Code, imprisoned not more than 2 years, or 

5 both. 

6 ‘‘(B) OFFENSES INVOLVING MINORS.—Any 

7 person who violates paragraph (2)(B) or (3)(B) 

8 shall be fined under title 18, United States 

9 Code, imprisoned not more than 3 years, or 

10 both. 

11 ‘‘(5) RULES OF CONSTRUCTION.—For purposes 

12 of paragraphs (2) and (3)— 

13 ‘‘(A) the fact that the identifiable indi14 vidual provided consent for the creation of the 

15 intimate visual depiction shall not establish that 

16 the individual provided consent for the publica17 tion of the intimate visual depiction; and 

18 ‘‘(B) the fact that the identifiable indi19 vidual disclosed the intimate visual depiction to 

20 another individual shall not establish that the 

21 identifiable individual provided consent for the 

22 publication of the intimate visual depiction by 

23 the person alleged to have violated paragraph 

24 (2) or (3), respectively. 

25 ‘‘(6) THREATS.— 
11 

†S 4569 ES

1 ‘‘(A) THREATS INVOLVING AUTHENTIC IN2 TIMATE VISUAL DEPICTIONS.—Any person who 

3 intentionally threatens to commit an offense 

4 under paragraph (2) for the purpose of intimi5 dation, coercion, extortion, or to create mental 

6 distress shall be punished as provided in para7 graph (4). 

8 ‘‘(B) THREATS INVOLVING DIGITAL FOR9 GERIES.— 

10 ‘‘(i) THREATS INVOLVING ADULTS.— 

11 Any person who intentionally threatens to 

12 commit an offense under paragraph (3)(A) 

13 for the purpose of intimidation, coercion, 

14 extortion, or to create mental distress shall 

15 be fined under title 18, United States 

16 Code, imprisoned not more than 18 

17 months, or both. 

18 ‘‘(ii) THREATS INVOLVING MINORS.— 

19 Any person who intentionally threatens to 

20 commit an offense under paragraph (3)(B) 

21 for the purpose of intimidation, coercion, 

22 extortion, or to create mental distress shall 

23 be fined under title 18, United States 

24 Code, imprisoned not more than 30 

25 months, or both. 
12 

†S 4569 ES

1 ‘‘(7) FORFEITURE.— 

2 ‘‘(A) IN GENERAL.—The court, in impos3 ing a sentence on any person convicted of a vio4 lation of paragraph (2) or (3), shall order, in 

5 addition to any other sentence imposed and ir6 respective of any provision of State law, that 

7 the person forfeit to the United States— 

8 ‘‘(i) any material distributed in viola9 tion of that paragraph; 

10 ‘‘(ii) the person’s interest in property, 

11 real or personal, constituting or derived 

12 from any gross proceeds of the violation, or 

13 any property traceable to such property, 

14 obtained or retained directly or indirectly 

15 as a result of the violation; and 

16 ‘‘(iii) any personal property of the 

17 person used, or intended to be used, in any 

18 manner or part, to commit or to facilitate 

19 the commission of the violation. 

20 ‘‘(B) PROCEDURES.—Section 413 of the 

21 Controlled Substances Act (21 U.S.C. 853), 

22 with the exception of subsections (a) and (d), 

23 shall apply to the criminal forfeiture of property 

24 under subparagraph (A). 
13 

†S 4569 ES

1 ‘‘(8) RESTITUTION.—The court shall order res2 titution for an offense under paragraph (2) or (3) in 

3 the same manner as under section 2264 of title 18, 

4 United States Code. 

5 ‘‘(9) RULE OF CONSTRUCTION.—Nothing in 

6 this subsection shall be construed to limit the appli7 cation of any other relevant law, including section 

8 2252 of title 18, United States Code.’’. 

9 (b) DEFENSES.—Section 223(e)(1) of the Commu10 nications Act of 1934 (47 U.S.C. 223(e)(1)) is amended 

11 by striking ‘‘or (d)’’ and inserting ‘‘, (d), or (h)’’. 

12 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Subsection (i) of section 223 of the Communications Act 

14 of 1934 (47 U.S.C. 223), as so redesignated by subsection 

15 (a), is amended by inserting ‘‘DEFINITIONS.—’’ before 

16 ‘‘For purposes of this section’’. 

17 SEC. 3. NOTICE AND REMOVAL OF NONCONSENSUAL INTI18 MATE VISUAL DEPICTIONS. 

19 (a) IN GENERAL.— 

20 (1) NOTICE AND REMOVAL PROCESS.— 

21 (A) ESTABLISHMENT.—Not later than 1 

22 year after the date of enactment of this Act, a 

23 covered platform shall establish a process 

24 whereby an identifiable individual (or an au-
14 

†S 4569 ES

1 thorized person acting on behalf of such indi2 vidual) may— 

3 (i) notify the covered platform of an 

4 intimate visual depiction published on the 

5 covered platform that— 

6 (I) includes a depiction of the 

7 identifiable individual; and 

8 (II) was published without the 

9 consent of the identifiable individual; 

10 and 

11 (ii) submit a request for the covered 

12 platform to remove such intimate visual 

13 depiction. 

14 (B) REQUIREMENTS.—A notification and 

15 request for removal of an intimate visual depic16 tion submitted under the process established 

17 under subparagraph (A) shall include, in writ18 ing— 

19 (i) a physical or electronic signature 

20 of the identifiable individual (or an author21 ized person acting on behalf of such indi22 vidual); 

23 (ii) an identification of, and informa24 tion reasonably sufficient for the covered 
15 

†S 4569 ES

1 platform to locate, the intimate visual de2 piction of the identifiable individual; 

3 (iii) a brief statement that the identi4 fiable individual has a good faith belief 

5 that any intimate visual depiction identi6 fied under clause (ii) is not consensual, in7 cluding any relevant information for the 

8 covered platform to determine the intimate 

9 visual depiction was published without the 

10 consent of the identifiable individual; and 

11 (iv) information sufficient to enable 

12 the covered platform to contact the identi13 fiable individual (or an authorized person 

14 acting on behalf of such individual). 

15 (2) NOTICE OF PROCESS.—A covered platform 

16 shall provide on the platform a clear and con17 spicuous notice, which may be provided through a 

18 clear and conspicuous link to another web page or 

19 disclosure, of the notice and removal process estab20 lished under paragraph (1)(A) that— 

21 (A) is easy to read and in plain language; 

22 and 

23 (B) provides information regarding the re24 sponsibilities of the covered platform under this 

25 section, including a description of how an indi-
16 

†S 4569 ES

1 vidual can submit a notification and request for 

2 removal. 

3 (3) REMOVAL OF NONCONSENSUAL INTIMATE

4 VISUAL DEPICTIONS.—Upon receiving a valid re5 moval request from an identifiable individual (or an 

6 authorized person acting on behalf of such indi7 vidual) using the process described in paragraph 

8 (1)(A)(ii), a covered platform shall, as soon as pos9 sible, but not later than 48 hours after receiving 

10 such request— 

11 (A) remove the intimate visual depiction; 

12 and 

13 (B) make reasonable efforts to identify and 

14 remove any known identical copies of such de15 piction. 

16 (4) LIMITATION ON LIABILITY.—A covered plat17 form shall not be liable for any claim based on the 

18 covered platform’s good faith disabling of access to, 

19 or removal of, material claimed to be a nonconsen20 sual intimate visual depiction based on facts or cir21 cumstances from which the unlawful publishing of 

22 an intimate visual depiction is apparent, regardless 

23 of whether the intimate visual depiction is ultimately 

24 determined to be unlawful or not. 

25 (b) ENFORCEMENT BY THE COMMISSION.— 
17 

†S 4569 ES

1 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC2 TICES.—A failure to reasonably comply with the no3 tice and takedown obligations under subsection (a) 

4 shall be treated as a violation of a rule defining an 

5 unfair or a deceptive act or practice under section 

6 18(a)(1)(B) of the Federal Trade Commission Act 

7 (15 U.S.C. 57a(a)(1)(B)). 

8 (2) POWERS OF THE COMMISSION.— 

9 (A) IN GENERAL.—Except as provided in 

10 subparagraph (D), the Commission shall en11 force this section in the same manner, by the 

12 same means, and with the same jurisdiction, 

13 powers, and duties as though all applicable 

14 terms and provisions of the Federal Trade 

15 Commission Act (15 U.S.C. 41 et seq.) were in16 corporated into and made a part of this section. 

17 (B) PRIVILEGES AND IMMUNITIES.—Any 

18 person who violates this section shall be subject 

19 to the penalties and entitled to the privileges 

20 and immunities provided in the Federal Trade 

21 Commission Act (15 U.S.C. 41 et seq.). 

22 (C) AUTHORITY PRESERVED.—Nothing in 

23 this Act shall be construed to limit the author24 ity of the Federal Trade Commission under any 

25 other provision of law. 
18 

†S 4569 ES

1 (D) SCOPE OF JURISDICTION.—Notwith2 standing sections 4, 5(a)(2), or 6 of the Federal 

3 Trade Commission Act (15 U.S.C. 44, 45(a)(2), 

4 46), or any jurisdictional limitation of the Com5 mission, the Commission shall also enforce this 

6 section in the same manner provided in sub7 paragraph (A), with respect to organizations 

8 that are not organized to carry on business for 

9 their own profit or that of their members. 

10 SEC. 4. DEFINITIONS. 

11 In this Act: 

12 (1) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (2) CONSENT; DIGITAL FORGERY; IDENTIFI15 ABLE INDIVIDUAL; INTIMATE VISUAL DEPICTION.— 

16 The terms ‘‘consent’’, ‘‘digital forgery’’, ‘‘identifiable 

17 individual’’, ‘‘intimate visual depiction’’, and 

18 ‘‘minor’’ have the meaning given such terms in sec19 tion 223(h) of the Communications Act of 1934 (47 

20 U.S.C. 223), as added by section 2. 

21 (3) COVERED PLATFORM.— 

22 (A) IN GENERAL.—The term ‘‘covered 

23 platform’’ means a website, online service, on24 line application, or mobile application— 

25 (i) that serves the public; and 
19 

†S 4569 ES

1 (ii)(I) that primarily provides a forum 

2 for user-generated content, including mes3 sages, videos, images, games, and audio 

4 files; or 

5 (II) for which it is in the regular 

6 course of trade or business of the website, 

7 online service, online application, or mobile 

8 application to publish, curate, host, or 

9 make available content of nonconsensual 

10 intimate visual depictions. 

11 (B) EXCLUSIONS.—The term ‘‘covered 

12 platform’’ shall not include the following: 

13 (i) A provider of broadband internet 

14 access service (as described in section 

15 8.1(b) of title 47, Code of Federal Regula16 tions, or successor regulation). 

17 (ii) Electronic mail. 

18 (iii) Except as provided in subpara19 graph (A)(ii)(II), an online service, appli20 cation, or website— 

21 (I) that consists primarily of con22 tent that is not user generated but is 

23 preselected by the provider of such on24 line service, application, or website; 

25 and 
20 

†S 4569 ES

1 (II) for which any chat, com2 ment, or interactive functionality is 

3 incidental to, directly related to, or 

4 dependent on the provision of the con5 tent described in subclause (I). 

6 SEC. 5. SEVERABILITY. 

7 If any provision of this Act, or an amendment made 

8 by this Act, is determined to be unenforceable or invalid, 

9 the remaining provisions of this Act and the amendments 

10 made by this Act shall not be affected. 

Passed the Senate December 3, 2024. 

Attest: 

Secretary. 

118TH CONGRESS 

2D SESSION S. 4569 

AN ACT 

To require covered platforms to remove nonconsenpurposes. sual intimate visual depictions, and for other