TAKE IT DOWN Act - S.4569

Summary

The act would require covered platforms to remove nonconsensual intimate visual depictions. It aims to combat the nonconsensual sharing of intimate visual depictions, including "deepfakes," by establishing criminal penalties for violators and by creating a process for victims to request the removal of such content from online platforms.

It specifically prohibits the sharing of "intimate visual depictions" involving minors and adults that are created using AI and other related tools. The bill establishes criminal penalties for individuals who intentionally disclose these depictions with fines and/or imprisonment for up to 2 years for images involving adults and fines and imprisonment for up to 3 years for images involving minors. The bill also addresses threats to publish such content, with fines and/or imprisonment for up to 18 months for threats against adults and fines and/or imprisonment for up to 30 months for threats against minors.

The bill also requires "covered platforms" to establish a process for victims to request the removal of nonconsensual intimate visual depictions. Platforms meeting this definition must:

1) Establish a clear process for individuals to report nonconsensual intimate depictions. This process must allow individuals (or their authorized representatives) to notify the platform and request the removal of the content.

2) Provide clear and conspicuous notice of this process on their platform. This notice should be easy to read, written in plain language, and explain the platform's responsibilities under the Act.

3) Remove reported content within 48 hours of receiving a valid removal request. Platforms must also make reasonable efforts to identify and remove identical copies of the depiction.

Updates

July 10, 2024. A companion bill (H.R.8989) is introduced in the House.

July 31, 2024. Ordered to be reported with an amendment in the nature of a substitute favorably by the Senate Committee on Commerce, Science, and Transportation.

December 3, 2024. Approved by the Senate Committee on Commerce, Science, and Transportation by unanimous consent. Bill included in a continuing resolution (CR) to be considered before the Senate by unanimous consent (consideration: CR S6788-6789).

S.Amdt.3309 Amendment SA 3309 proposed by Senator Schumer for Senator Cruz agreed to in Senate by unanimous consent. Bill passed Senate with an amendment by voice vote. (text of amendment in the nature of a substitute: CR S6783-6785)

December 4, 2024. Sent to the House for review.