TAKE IT DOWN Act
The source supplies the latest action, but no lifecycle stage.
Latest action (4 Dec 2024): Held at the desk.
What this bill does
The TAKE IT DOWN Act would create new federal criminal penalties for knowingly publishing nonconsensual intimate images of real people, including "digital forgeries" such as deepfakes, when done without consent and intended to or likely to cause harm. Penalties are higher when the depicted person is a minor, and the bill also criminalizes threats to publish such content. Courts would be required to order forfeiture and restitution for convicted offenders. Separately, the bill requires "covered platforms"—websites and apps that host user-generated content or that regularly deal in such depictions—to set up a process letting victims request removal of nonconsensual intimate images, and to take down flagged content, and reasonably known copies, within 48 hours. Platforms acting in good faith to remove such content would be shielded from liability, and failure to comply would be enforced by the Federal Trade Commission as an unfair or deceptive practice.
The bill primarily affects individuals depicted in nonconsensual intimate images or deepfakes, people who create or distribute such content, and online platforms that host user content, which would face new compliance obligations, including establishing notice-and-takedown systems within one year of enactment. Internet service providers and email are excluded from the platform requirements.
The bill passed the Senate by voice vote on December 3, 2024, with an amendment, but was not passed by the House before the end of the 118th Congress, so it did not become law under this bill number. It would need to be reintroduced and passed by both chambers in a future Congress to take effect.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
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.
Timeline
4 Dec 2024
Held at the desk.
Common questions
- What does S. 4569 do?
- The TAKE IT DOWN Act would create new federal criminal penalties for knowingly publishing nonconsensual intimate images of real people, including "digital forgeries" such as deepfakes, when done without consent and intended to or likely to cause harm. Penalties are higher when the depicted person is a minor, and the bill also criminalizes threats to publish such content. Courts would be required to order forfeiture and restitution for convicted offenders. Separately, the bill requires "covered platforms"—websites and apps that host user-generated content or that regularly deal in such depictions—to set up a process letting victims request removal of nonconsensual intimate images, and to take down flagged content, and reasonably known copies, within 48 hours. Platforms acting in good faith to remove such content would be shielded from liability, and failure to comply would be enforced by the Federal Trade Commission as an unfair or deceptive practice. The bill primarily affects individuals depicted in nonconsensual intimate images or deepfakes, people who create or distribute such content, and online platforms that host user content, which would face new compliance obligations, including establishing notice-and-takedown systems within one year of enactment. Internet service providers and email are excluded from the platform requirements. The bill passed the Senate by voice vote on December 3, 2024, with an amendment, but was not passed by the House before the end of the 118th Congress, so it did not become law under this bill number. It would need to be reintroduced and passed by both chambers in a future Congress to take effect.
- Has S. 4569 become law?
- The source does not supply a confirmed lifecycle stage for S. 4569. Check the latest action and official source below.
- Who sponsored S. 4569?
- S. 4569 was sponsored by Sen. Cruz, Ted [R-TX] (R-TX), with 20 cosponsors.
- What's the latest action on S. 4569?
- Held at the desk. (4 Dec 2024).
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