```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4569 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                S. 4569

_______________________________________________________________________

                                 AN ACT

 
 To require covered platforms to remove nonconsensual intimate visual 
                  depictions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tools to Address Known Exploitation 
by Immobilizing Technological Deepfakes on Websites and Networks Act'' 
or the ``TAKE IT DOWN Act''.

SEC. 2. CRIMINAL PROHIBITION ON INTENTIONAL DISCLOSURE OF NONCONSENSUAL 
              INTIMATE VISUAL DEPICTIONS.

    (a) In General.--Section 223 of the Communications Act of 1934 (47 
U.S.C. 223) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Intentional Disclosure of Nonconsensual Intimate Visual 
Depictions.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Consent.--The term `consent' means an 
                affirmative, conscious, and voluntary authorization 
                made by an individual free from force, fraud, duress, 
                misrepresentation, or coercion.
                    ``(B) Digital forgery.--The term `digital forgery' 
                means any intimate visual depiction of an identifiable 
                individual created through the use of software, machine 
                learning, artificial intelligence, or any other 
                computer-generated or technological means, including by 
                adapting, modifying, manipulating, or altering an 
                authentic visual depiction, that, when viewed as a 
                whole by a reasonable person, is indistinguishable from 
                an authentic visual depiction of the individual.
                    ``(C) Identifiable individual.--The term 
                `identifiable individual' means an individual--
                            ``(i) who appears in whole or in part in an 
                        intimate visual depiction; and
                            ``(ii) whose face, likeness, or other 
                        distinguishing characteristic (including a 
                        unique birthmark or other recognizable feature) 
                        is displayed in connection with such intimate 
                        visual depiction.
                    ``(D) Interactive computer service.--The term 
                `interactive computer service' has the meaning given 
                the term in section 230.
                    ``(E) Intimate visual depiction.--The term 
                `intimate visual depiction' has the meaning given such 
                term in section 1309 of the Consolidated Appropriations 
                Act, 2022 (15 U.S.C. 6851).
                    ``(F) Minor.--The term `minor' means any individual 
                under the age of 18 years.
            ``(2) Offense involving authentic intimate visual 
        depictions.--
                    ``(A) Involving adults.--Except as provided in 
                subparagraph (C), it shall be unlawful for any person, 
                in interstate or foreign commerce, to use an 
                interactive computer service to knowingly publish an 
                intimate visual depiction of an identifiable individual 
                who is not a minor if--
                            ``(i) the intimate visual depiction was 
                        obtained or created under circumstances in 
                        which the person knew or reasonably should have 
                        known the identifiable individual had a 
                        reasonable expectation of privacy;
                            ``(ii) what is depicted was not voluntarily 
                        exposed by the identifiable individual in a 
                        public or commercial setting;
                            ``(iii) what is depicted is not a matter of 
                        public concern; and
                            ``(iv) publication of the intimate visual 
                        depiction--
                                    ``(I) is intended to cause harm; or
                                    ``(II) causes harm, including 
                                psychological, financial, or 
                                reputational harm, to the identifiable 
                                individual.
                    ``(B) Involving minors.--Except as provided in 
                subparagraph (C), it shall be unlawful for any person, 
                in interstate or foreign commerce, to use an 
                interactive computer service to knowingly publish an 
                intimate visual depiction of an identifiable individual 
                who is a minor with intent to--
                            ``(i) abuse, humiliate, harass, or degrade 
                        the minor; or
                            ``(ii) arouse or gratify the sexual desire 
                        of any person.
                    ``(C) Exceptions.--Subparagraphs (A) and (B) shall 
                not apply to--
                            ``(i) a lawfully authorized investigative, 
                        protective, or intelligence activity of--
                                    ``(I) a law enforcement agency of 
                                the United States, a State, or a 
                                political subdivision of a State; or
                                    ``(II) an intelligence agency of 
                                the United States;
                            ``(ii) a disclosure made reasonably and in 
                        good faith--
                                    ``(I) to a law enforcement officer 
                                or agency;
                                    ``(II) as part of a document 
                                production or filing associated with a 
                                legal proceeding;
                                    ``(III) as part of medical 
                                education, diagnosis, or treatment or 
                                for a legitimate medical, scientific, 
                                or education purpose;
                                    ``(IV) in the reporting of unlawful 
                                content or unsolicited or unwelcome 
                                conduct or in pursuance of a legal, 
                                professional, or other lawful 
                                obligation; or
                                    ``(V) to seek support or help with 
                                respect to the receipt of an 
                                unsolicited intimate visual depiction;
                            ``(iii) a disclosure reasonably intended to 
                        assist the identifiable individual; or
                            ``(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).
            ``(3) Offense involving digital forgeries.--
                    ``(A) Involving adults.--Except as provided in 
                subparagraph (C), it shall be unlawful for any person, 
                in interstate or foreign commerce, to use an 
                interactive computer service to knowingly publish a 
                digital forgery of an identifiable individual who is 
                not a minor if--
                            ``(i) the digital forgery was published 
                        without the consent of the identifiable 
                        individual;
                            ``(ii) what is depicted was not voluntarily 
                        exposed by the identifiable individual in a 
                        public or commercial setting;
                            ``(iii) what is depicted is not a matter of 
                        public concern; and
                            ``(iv) publication of the digital forgery--
                                    ``(I) is intended to cause harm; or
                                    ``(II) causes harm, including 
                                psychological, financial, or 
                                reputational harm, to the identifiable 
                                individual.
                    ``(B) Involving minors.--Except as provided in 
                subparagraph (C), it shall be unlawful for any person, 
                in interstate or foreign commerce, to use an 
                interactive computer service to knowingly publish a 
                digital forgery of an identifiable individual who is a 
                minor with intent to--
                            ``(i) abuse, humiliate, harass, or degrade 
                        the minor; or
                            ``(ii) arouse or gratify the sexual desire 
                        of any person.
                    ``(C) Exceptions.--Subparagraphs (A) and (B) shall 
                not apply to--
                            ``(i) a lawfully authorized investigative, 
                        protective, or intelligence activity of--
                                    ``(I) a law enforcement agency of 
                                the United States, a State, or a 
                                political subdivision of a State; or
                                    ``(II) an intelligence agency of 
                                the United States;
                            ``(ii) a disclosure made reasonably and in 
                        good faith--
                                    ``(I) to a law enforcement officer 
                                or agency;
                                    ``(II) as part of a document 
                                production or filing associated with a 
                                legal proceeding;
                                    ``(III) as part of medical 
                                education, diagnosis, or treatment or 
                                for a legitimate medical, scientific, 
                                or education purpose;
                                    ``(IV) in the reporting of unlawful 
                                content or unsolicited or unwelcome 
                                conduct or in pursuance of a legal, 
                                professional, or other lawful 
                                obligation; or
                                    ``(V) to seek support or help with 
                                respect to the receipt of an 
                                unsolicited intimate visual depiction;
                            ``(iii) a disclosure reasonably intended to 
                        assist the identifiable individual; or
                            ``(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).
            ``(4) Penalties.--
                    ``(A) Offenses involving adults.--Any person who 
                violates paragraph (2)(A) or (3)(A) shall be fined 
                under title 18, United States Code, imprisoned not more 
                than 2 years, or both.
                    ``(B) Offenses involving minors.--Any person who 
                violates paragraph (2)(B) or (3)(B) shall be fined 
                under title 18, United States Code, imprisoned not more 
                than 3 years, or both.
            ``(5) Rules of construction.--For purposes of paragraphs 
        (2) and (3)--
                    ``(A) the fact that the identifiable individual 
                provided consent for the creation of the intimate 
                visual depiction shall not establish that the 
                individual provided consent for the publication of the 
                intimate visual depiction; and
                    ``(B) the fact that the identifiable individual 
                disclosed the intimate visual depiction to another 
                individual shall not establish that the identifiable 
                individual provided consent for the publication of the 
                intimate visual depiction by the person alleged to have 
                violated paragraph (2) or (3), respectively.
            ``(6) Threats.--
                    ``(A) Threats involving authentic intimate visual 
                depictions.--Any person who intentionally threatens to 
                commit an offense under paragraph (2) for the purpose 
                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 minors.--Any 
                        person who intentionally threatens to commit an 
                        offense under paragraph (3)(B) for the purpose 
                        of intimidation, coercion, extortion, or to 
                        create mental distress shall be fined under 
                        title 18, United States Code, imprisoned not 
                        more than 30 months, or both.
            ``(7) Forfeiture.--
                    ``(A) 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.''.
    (b) Defenses.--Section 223(e)(1) of the Communications Act of 1934 
(47 U.S.C. 223(e)(1)) is amended by striking ``or (d)'' and inserting 
``, (d), or (h)''.
    (c) Technical and Conforming Amendment.--Subsection (i) of section 
223 of the Communications Act of 1934 (47 U.S.C. 223), as so 
redesignated by subsection (a), is amended by inserting 
``Definitions.--'' before ``For purposes of this section''.

SEC. 3. NOTICE AND REMOVAL OF NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.

    (a) In General.--
            (1) Notice and removal process.--
                    (A) Establishment.--Not later than 1 year after the 
                date of enactment of this Act, a covered platform shall 
                establish a process whereby an identifiable individual 
                (or an authorized person acting on behalf of such 
                individual) may--
                            (i) notify the covered platform of an 
                        intimate visual depiction published on the 
                        covered platform that--
                                    (I) includes a depiction of the 
                                identifiable individual; and
                                    (II) was published without the 
                                consent of the identifiable individual; 
                                and
                            (ii) submit a request for the covered 
                        platform to remove such intimate visual 
                        depiction.
                    (B) Requirements.--A notification and request for 
                removal of an intimate visual depiction submitted under 
                the process established under subparagraph (A) shall 
                include, in writing--
                            (i) a physical or electronic signature of 
                        the identifiable individual (or an authorized 
                        person acting on behalf of such individual);
                            (ii) an identification of, and information 
                        reasonably sufficient for the covered platform 
                        to locate, the intimate visual depiction of the 
                        identifiable individual;
                            (iii) a brief statement that the 
                        identifiable individual has a good faith belief 
                        that any intimate visual depiction identified 
                        under clause (ii) is not consensual, including 
                        any relevant information for the covered 
                        platform to determine the intimate visual 
                        depiction was published without the consent of 
                        the identifiable individual; and
                            (iv) information sufficient to enable the 
                        covered platform to contact the identifiable 
                        individual (or an authorized person acting on 
                        behalf of such individual).
            (2) Notice of process.--A covered platform shall provide on 
        the platform a clear and conspicuous notice, which may be 
        provided through a clear and conspicuous link to another web 
        page or disclosure, of the notice and removal process 
        established under paragraph (1)(A) that--
                    (A) is easy to read and in plain language; and
                    (B) provides information regarding the 
                responsibilities of the covered platform under this 
                section, including a description of how an individual 
                can submit a notification and request for removal.
            (3) Removal of nonconsensual intimate visual depictions.--
        Upon receiving a valid removal request from an identifiable 
        individual (or an authorized person acting on behalf of such 
        individual) using the process described in paragraph 
        (1)(A)(ii), a covered platform shall, as soon as possible, but 
        not later than 48 hours after receiving such request--
                    (A) remove the intimate visual depiction; and
                    (B) make reasonable efforts to identify and remove 
                any known identical copies of such depiction.
            (4) Limitation on liability.--A covered platform shall not 
        be liable for any claim based on the covered platform's good 
        faith disabling of access to, or removal of, material claimed 
        to be a nonconsensual intimate visual depiction based on facts 
        or circumstances from which the unlawful publishing of an 
        intimate visual depiction is apparent, regardless of whether 
        the intimate visual depiction is ultimately determined to be 
        unlawful or not.
    (b) Enforcement by the Commission.--
            (1) Unfair or deceptive acts or practices.--A failure to 
        reasonably comply with the notice and takedown obligations 
        under subsection (a) shall be treated as a violation of a rule 
        defining an unfair or a deceptive act or practice under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--Except as provided in subparagraph 
                (D), the Commission shall enforce this section in the 
                same manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms and provisions of the Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this section.
                    (B) Privileges and immunities.--Any person who 
                violates this section shall be subject to the penalties 
                and entitled to the privileges and immunities provided 
                in the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Federal 
                Trade Commission under any other provision of law.
                    (D) Scope of jurisdiction.--Notwithstanding 
                sections 4, 5(a)(2), or 6 of the Federal Trade 
                Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any 
                jurisdictional limitation of the Commission, the 
                Commission shall also enforce this section in the same 
                manner provided in subparagraph (A), with respect to 
                organizations that are not organized to carry on 
                business for their own profit or that of their members.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Consent; digital forgery; identifiable individual; 
        intimate visual depiction.--The terms ``consent'', ``digital 
        forgery'', ``identifiable individual'', ``intimate visual 
        depiction'', and ``minor'' have the meaning given such terms in 
        section 223(h) of the Communications Act of 1934 (47 U.S.C. 
        223), as added by section 2.
            (3) Covered platform.--
                    (A) In general.--The term ``covered platform'' 
                means a website, online service, online application, or 
                mobile application--
                            (i) that serves the public; and
                            (ii)(I) that primarily provides a forum for 
                        user-generated content, including messages, 
                        videos, images, games, and audio files; or
                            (II) for which it is in the regular course 
                        of trade or business of the website, online 
                        service, online application, or mobile 
                        application to publish, curate, host, or make 
                        available content of nonconsensual intimate 
                        visual depictions.
                    (B) Exclusions.--The term ``covered platform'' 
                shall not include the following:
                            (i) A provider of broadband internet access 
                        service (as described in section 8.1(b) of 
                        title 47, Code of Federal Regulations, or 
                        successor regulation).
                            (ii) Electronic mail.
                            (iii) Except as provided in subparagraph 
                        (A)(ii)(II), an online service, application, or 
                        website--
                                    (I) that consists primarily of 
                                content that is not user generated but 
                                is preselected by the provider of such 
                                online service, application, or 
                                website; and
                                    (II) for which any chat, comment, 
                                or interactive functionality is 
                                incidental to, directly related to, or 
                                dependent on the provision of the 
                                content described in subclause (I).

SEC. 5. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.

            Passed the Senate December 3, 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 4569

_______________________________________________________________________

                                 AN ACT

 To require covered platforms to remove nonconsensual intimate visual 
                  depictions, and for other purposes.
```