TAKE IT DOWN Act

Bill: 118-s-4569
Sponsor: Sen. Cruz, Ted [R-TX]
Introduced: 2024-06-18 in the Senate
Policy area: Science, Technology, Communications
Subjects: Child safety and welfare
Crimes against children
Criminal investigation, prosecution, interrogation
Digital media
Fraud offenses and financial crimes
Internet, web applications, social media
Pornography
Sex offenses

Summary:
action_date: 2024-12-03
text: 

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act

This bill generally prohibits the online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires covered online platforms to promptly remove such depictions upon notice of their existence. 

Specifically, the bill prohibits the online publication of intimate visual depictions of

an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was created without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or

a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. 

Violators are subject to criminal penalties including mandatory restitution and prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties. 

Separately, covered online platforms must establish a mechanism through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered online platforms must remove such depictions within 48 hours of notification. Under the bill, 
covered online platforms
 are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.


Legislative actions:
action_date: 2024-12-04
text: Held at the desk.
action_date: 2024-12-04
text: Received in the House.
action_date: 2024-12-04
text: Message on Senate action sent to the House.
action_date: 2024-12-03
text: Passed Senate with an amendment by Voice Vote. (text of amendment in the nature of a substitute: CR S6783-6785)
action_date: 2024-12-03
text: Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
action_date: 2024-12-03
text: Measure laid before Senate by unanimous consent. (consideration: CR S6788-6789)
action_date: 2024-12-03
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
action_date: 2024-12-03
text: Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
action_date: 2024-07-31
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2024-06-18
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2024-06-18
text: Introduced in Senate