TAKE IT DOWN Act
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The TAKE IT DOWN Act would create federal criminal penalties for knowingly publishing nonconsensual intimate images online — including AI-generated deepfakes — and would require social media and other user-content platforms to remove such material within 48 hours of a victim's request.
The bill covers both adults and minors and addresses a rapidly growing form of online abuse driven by artificial-intelligence tools that can fabricate realistic intimate images of real people without their knowledge or consent.
What this bill would do
What it would do
The bill would do two things. First, it would add a new criminal prohibition to the Communications Act of 1934, making it a federal offense to knowingly publish nonconsensual intimate visual depictions — both authentic images and AI-generated "digital forgeries" (deepfakes) — using an interactive computer service. For depictions of adults, publication must be intended to cause or actually cause harm; for depictions of minors, the intent to abuse, harass, or sexually gratify is sufficient. Threats to publish such material would also be criminalized. Violators would face up to two years in prison for offenses involving adults and up to three years for those involving minors, plus fines, mandatory forfeiture, and restitution.
Second, the bill would require "covered platforms" — public websites and apps that primarily host user-generated content — to set up a clear notice-and-removal process. Platforms must remove flagged nonconsensual intimate images within 48 hours of a valid request and make reasonable efforts to remove identical copies. The Federal Trade Commission would enforce the platform obligations. The bill exempts law enforcement activities, good-faith medical and legal disclosures, and self-published depictions.
Key provisions
- 1Would criminalize knowingly publishing nonconsensual authentic intimate images of adults where publication is intended to cause or does cause harm, and of minors with intent to abuse or sexually gratify any person.
- 2Would criminalize knowingly publishing AI-generated deepfakes of identifiable individuals without consent, applying the same harm-based standard for adults and abuse/gratification standard for minors.
- 3Would criminalize threats to publish nonconsensual intimate images or deepfakes for purposes of intimidation, coercion, extortion, or mental distress, with penalties up to 18–30 months for deepfake threats.
- 4Would require covered platforms to establish a notice-and-removal process and remove flagged nonconsensual intimate images within 48 hours, including making reasonable efforts to remove identical copies.
- 5Would authorize the FTC to enforce platform removal obligations as unfair or deceptive acts, including against nonprofit organizations, with full FTC Act penalties.
- 6Would require courts to order mandatory restitution and asset forfeiture for any person convicted of publishing nonconsensual intimate images or deepfakes.
Who would be affected
Victims of nonconsensual intimate image abuse — both adults and minors — who would gain a federal removal right and criminal recourse. Social media platforms, video-sharing sites, and other user-content applications that would be required to build and operate notice-and-removal systems. Individuals who post or threaten to post such content, who would face new federal criminal liability. Nonprofit platforms are explicitly included in FTC enforcement scope.
Why it matters
Victims currently have limited and inconsistent recourse across states; a federal criminal statute would give prosecutors a uniform tool and signal serious consequences for perpetrators and platforms alike. The 48-hour removal window is the operative pressure point for platforms: failure to comply would be treated as an unfair or deceptive trade practice enforceable by the FTC, creating real liability for large and small services alike.
What would change
Changes to existing law
Amends Communications Act of 1934, Section 223 (47 U.S.C. 223) (Sec. 2)
Adds new subsection (h) creating federal criminal offenses for nonconsensual publication of intimate images and deepfakes, with penalties, forfeiture, restitution, and threat provisions.
Amends Federal Trade Commission Act (15 U.S.C. 41 et seq.) (Sec. 3)
Platform noncompliance with the notice-and-removal requirements is treated as a violation of an FTC unfair-or-deceptive-acts rule, extending FTC enforcement to nonprofits for this purpose.
Agencies directed to act
Effective dates
- Covered platforms must establish notice-and-removal process
Funding and costs
Congressional Budget Office estimate
CBO estimates the TAKE IT DOWN Act would increase direct spending and revenues by less than $500,000 each over the 2025–2035 period, with $4 million in discretionary (appropriated) spending for FTC enforcement over 2025–2030.
CBO estimates that H.R. 633, the TAKE IT DOWN Act, would increase both direct spending and revenues by less than $500,000 each over the 2025–2035 period, triggering pay-as-you-go procedures. The main discretionary cost — spending that requires future appropriations — is approximately $4 million over 2025–2030, reflecting FTC resources needed to issue guidance and enforce the bill's new rules against nonconsensual sharing of intimate images and AI-generated "deepfakes." Criminal fines collected under the bill would be recorded as revenues and deposited into the Crime Victims Fund; civil penalties paid by online platforms would go to the general Treasury fund. CBO identified no intergovernmental or private-sector mandates in H.R. 633 as defined under the Unfunded Mandates Reform Act.
How implementation would work
Within one year of enactment, covered platforms must establish and prominently publicize a notice-and-removal process. Victims or authorized representatives submit a written request with a signature, identification of the content, a good-faith statement of nonconsensual publication, and contact information. Platforms then have 48 hours to remove the identified depiction and make reasonable efforts to find and remove identical copies. Noncompliance is treated as a violation of an FTC unfair-or-deceptive-acts rule, giving the Commission full enforcement powers including civil penalties. Criminal charges for individual violators would be pursued through standard federal prosecution channels, with mandatory restitution and asset forfeiture upon conviction.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 59.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving 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 published 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 mandatory restitution and criminal penalties, including 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 platforms must establish a process 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 platforms must remove such depictions within 48 hours of notification. Under the bill, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.
Legislative 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; Science, Technology, Communications; Sex offenses
Committee report
H. Rept. 119-82