SEC. 2. CRIMINAL PROHIBITION ON INTENTIONAL DISCLO-
SURE OF NONCONSENSUAL INTIMATE VISUAL 
DEPICTIONS. 
(a) IN GENERAL.—Section 223 of the Communica-
tions Act of 1934 (47 U.S.C. 223) is amended— 
(1) by redesignating subsection (h) as sub-
section (i); and 
(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) INTENTIONAL DISCLOSURE
OF NONCONSEN-
SUAL 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 coer-
cion. 
‘‘(B) DIGITAL FORGERY.—The term ‘dig-
ital forgery’ means any intimate visual depic-
tion 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 indistin-
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guishable from an authentic visual depiction of 
the individual. 
‘‘(C) 
IDENTIFIABLE
INDIVIDUAL.—The 
term ‘identifiable individual’ means an indi-
vidual— 
‘‘(i) who appears in whole or in part 
in an intimate visual depiction; and 
‘‘(ii) whose face, likeness, or other dis-
tinguishing 
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 mean-
ing given such term in section 1309 of the Con-
solidated 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
INTI-
MATE VISUAL DEPICTIONS.— 
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‘‘(A) INVOLVING ADULTS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, 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 indi-
vidual had a reasonable expectation of pri-
vacy; 
‘‘(ii) what is depicted was not volun-
tarily 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 psy-
chological, financial, or reputational 
harm, to the identifiable individual. 
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‘‘(B) INVOLVING MINORS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, 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 de-
grade the minor; or 
‘‘(ii) arouse or gratify the sexual de-
sire of any person. 
‘‘(C) EXCEPTIONS.—Subparagraphs (A) 
and (B) shall not apply to— 
‘‘(i) a lawfully authorized investiga-
tive, protective, or intelligence activity of— 
‘‘(I) a law enforcement agency of 
the United States, a State, or a polit-
ical 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; 
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‘‘(II) as part of a document pro-
duction or filing associated with a 
legal proceeding; 
‘‘(III) as part of medical edu-
cation, diagnosis, or treatment or for 
a legitimate medical, scientific, or 
education purpose; 
‘‘(IV) in the reporting of unlaw-
ful content or unsolicited or unwel-
come conduct or in pursuance of a 
legal, professional, or other lawful ob-
ligation; 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; 
‘‘(iv) a person who possesses or pub-
lishes an intimate visual depiction of him-
self or herself engaged in nudity or sexu-
ally explicit conduct (as that term is de-
fined in section 2256(2)(A) of title 18, 
United States Code); or 
‘‘(v) the publication of an intimate 
visual depiction that constitutes— 
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‘‘(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 representa-
tions of the sexual abuse of children). 
‘‘(3) 
OFFENSE
INVOLVING
DIGITAL
FOR-
GERIES.— 
‘‘(A) INVOLVING ADULTS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, to use an interactive computer service to 
knowingly publish a digital forgery of an identi-
fiable individual who is not a minor if— 
‘‘(i) the digital forgery was published 
without the consent of the identifiable indi-
vidual; 
‘‘(ii) what is depicted was not volun-
tarily exposed by the identifiable individual 
in a public or commercial setting; 
‘‘(iii) what is depicted is not a matter 
of public concern; and 
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‘‘(iv) publication of the digital for-
gery— 
‘‘(I) is intended to cause harm; 
or 
‘‘(II) causes harm, including psy-
chological, financial, or reputational 
harm, to the identifiable individual. 
‘‘(B) INVOLVING MINORS.—Except as pro-
vided in subparagraph (C), it shall be unlawful 
for any person, in interstate or foreign com-
merce, to use an interactive computer service to 
knowingly publish a digital forgery of an identi-
fiable individual who is a minor with intent 
to— 
‘‘(i) abuse, humiliate, harass, or de-
grade the minor; or 
‘‘(ii) arouse or gratify the sexual de-
sire of any person. 
‘‘(C) EXCEPTIONS.—Subparagraphs (A) 
and (B) shall not apply to— 
‘‘(i) a lawfully authorized investiga-
tive, protective, or intelligence activity of— 
‘‘(I) a law enforcement agency of 
the United States, a State, or a polit-
ical subdivision of a State; or 
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‘‘(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 pro-
duction or filing associated with a 
legal proceeding; 
‘‘(III) as part of medical edu-
cation, diagnosis, or treatment or for 
a legitimate medical, scientific, or 
education purpose; 
‘‘(IV) in the reporting of unlaw-
ful content or unsolicited or unwel-
come conduct or in pursuance of a 
legal, professional, or other lawful ob-
ligation; 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; 
‘‘(iv) a person who possesses or pub-
lishes a digital forgery of himself or herself 
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engaged in nudity or sexually explicit con-
duct (as that term is defined in section 
2256(2)(A) of title 18, United States 
Code); or 
‘‘(v) the publication of an intimate 
visual depiction 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 representa-
tions of the sexual abuse of children). 
‘‘(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. 
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‘‘(5) RULES OF CONSTRUCTION.—For purposes 
of paragraphs (2) and (3)— 
‘‘(A) the fact that the identifiable indi-
vidual provided consent for the creation of the 
intimate visual depiction shall not establish that 
the individual provided consent for the publica-
tion of the intimate visual depiction; and 
‘‘(B) the fact that the identifiable indi-
vidual 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 IN-
TIMATE VISUAL DEPICTIONS.—Any person who 
intentionally threatens to commit an offense 
under paragraph (2) for the purpose of intimi-
dation, coercion, extortion, or to create mental 
distress shall be punished as provided in para-
graph (4). 
‘‘(B) THREATS INVOLVING DIGITAL FOR-
GERIES.— 
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‘‘(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 impos-
ing a sentence on any person convicted of a vio-
lation of paragraph (2) or (3), shall order, in 
addition to any other sentence imposed and ir-
respective of any provision of State law, that 
the person forfeit to the United States— 
‘‘(i) any material distributed in viola-
tion of that paragraph; 
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‘‘(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 res-
titution 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 appli-
cation of any other relevant law, including section 
2252 of title 18, United States Code.’’. 
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(b) DEFENSES.—Section 223(e)(1) of the Commu-
nications 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 INTI-
MATE 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 au-
thorized person acting on behalf of such indi-
vidual) 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 
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(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 depic-
tion submitted under the process established 
under subparagraph (A) shall include, in writ-
ing— 
(i) a physical or electronic signature 
of the identifiable individual (or an author-
ized person acting on behalf of such indi-
vidual); 
(ii) an identification of, and informa-
tion reasonably sufficient for the covered 
platform to locate, the intimate visual de-
piction of the identifiable individual; 
(iii) a brief statement that the identi-
fiable individual has a good faith belief 
that any intimate visual depiction identi-
fied under clause (ii) is not consensual, in-
cluding any relevant information for the 
covered platform to determine the intimate 
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visual depiction was published without the 
consent of the identifiable individual; and 
(iv) information sufficient to enable 
the covered platform to contact the identi-
fiable 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 con-
spicuous notice, which may be provided through a 
clear and conspicuous link to another web page or 
disclosure, of the notice and removal process estab-
lished under paragraph (1)(A) that— 
(A) is easy to read and in plain language; 
and 
(B) provides information regarding the re-
sponsibilities of the covered platform under this 
section, including a description of how an indi-
vidual can submit a notification and request for 
removal. 
(3) REMOVAL OF NONCONSENSUAL INTIMATE 
VISUAL
DEPICTIONS.—Upon receiving a valid re-
moval request from an identifiable individual (or an 
authorized person acting on behalf of such indi-
vidual) using the process described in paragraph 
(1)(A)(ii), a covered platform shall, as soon as pos-
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sible, 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 de-
piction. 
(4) LIMITATION ON LIABILITY.—A covered plat-
form 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 nonconsen-
sual intimate visual depiction based on facts or cir-
cumstances 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
PRAC-
TICES.—A failure to reasonably comply with the no-
tice 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.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (D), the Commission shall en-
force 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 in-
corporated 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 author-
ity of the Federal Trade Commission under any 
other provision of law. 
(D) SCOPE
OF
JURISDICTION.—Notwith-
standing section 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 Com-
mission, the Commission shall also enforce this 
section in the same manner provided in sub-
paragraph (A), with respect to organizations 
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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; IDENTIFI-
ABLE INDIVIDUAL; INTIMATE VISUAL DEPICTION.— 
The terms ‘‘consent’’, ‘‘digital forgery’’, ‘‘identifiable 
individual’’, 
‘‘intimate 
visual 
depiction’’, 
and 
‘‘minor’’ have the meaning given such terms in sec-
tion 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, on-
line application, or mobile application— 
(i) that serves the public; and 
(ii)(I) that primarily provides a forum 
for user-generated content, including mes-
sages, 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 
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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 Regula-
tions, or successor regulation). 
(ii) Electronic mail. 
(iii) Except as provided in subpara-
graph (A)(ii)(II), an online service, appli-
cation, or website— 
(I) that consists primarily of con-
tent that is not user generated but is 
preselected by the provider of such on-
line service, application, or website; 
and 
(II) for which any chat, com-
ment, or interactive functionality is 
incidental to, directly related to, or 
dependent on the provision of the con-
tent described in subclause (I). 
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