Bill > S146

This bill, known as the TAKE IT DOWN Act, introduces comprehensive legal protections against nonconsensual intimate visual depictions and deepfake technologies. The legislation creates new criminal prohibitions for publishing intimate visual depictions or digital forgeries of individuals without their consent, with different standards and penalties for cases involving adults versus minors. For adults, publication is illegal if the image was obtained privately, not voluntarily exposed publicly, not a matter of public concern, and is intended to or actually causes psychological, financial, or reputational harm. For minors, the law prohibits publishing such images with intent to abuse, humiliate, harass, degrade, or sexually exploit them. The bill requires online platforms (defined as "covered platforms") to establish a notice and removal process allowing individuals to request the takedown of nonconsensual intimate images within 48 hours. Platforms must make reasonable efforts to remove not just the original image but also identical copies. The Federal Trade Commission (FTC) is empowered to enforce these provisions, treating violations as unfair or deceptive practices. Penalties can include fines, imprisonment (up to 2 years for adult cases, 3 years for minor cases), potential forfeiture of materials and equipment used to create or distribute such images, and mandatory restitution. The law includes exceptions for legitimate purposes like law enforcement, medical education, legal proceedings, and reporting unlawful content.

Transportation and Infrastructure

https://www.congress.gov/bill/119th-congress/senate-bill/146/all-info