S. 146: TAKE IT DOWN Act

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

This act generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms (e.g., social media platforms) to promptly remove such depictions upon receiving notice of their existence.

Specifically, the act 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 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 act, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.