AI Frontier Institute

TAKE IT DOWN Act

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The TAKE IT DOWN Act (Sec. 1) does two main things. First, Sec. 2 adds a new subsection (h) to section 223 of the Communications Act of 1934. It makes it a federal crime to use an interactive computer service to knowingly publish nonconsensual intimate visual depictions, including "digital forgeries." The bill defines digital forgeries as intimate depictions created with software, machine learning, AI or other technological means that a reasonable person could not tell from an authentic depiction. Separate offenses cover adult and minor victims. For adults, the offense requires a reasonable expectation of privacy (authentic images) or lack of consent (forgeries), no voluntary public exposure, no public concern, and intended or actual harm. For minors, it requires intent to abuse, humiliate, harass or degrade, or to arouse or gratify sexual desire. Exceptions cover law enforcement and intelligence activity, good-faith disclosures (to police, in legal proceedings, for medical or educational purposes, for reporting, or to seek help), disclosures meant to assist the individual, and a person's depictions of themselves. Penalties are up to 2 years in prison for adult-victim offenses and up to 3 years for minor-victim offenses. Threats are punished too: threats involving authentic images carry the same penalties as the offense, and threats involving digital forgeries carry up to 18 months (adults) or 30 months (minors). The section also provides for forfeiture and restitution. It states that consent to create an image, or sharing it with one person, is not consent to publication. Second, Sec. 3 requires "covered platforms" to set up a notice-and-removal process within 1 year of enactment. On a valid request, a platform must remove the depiction within 48 hours and make reasonable efforts to remove known identical copies. It must also post a clear notice of the process. Platforms get liability protection for good-faith removals. The Federal Trade Commission enforces the requirement as an unfair or deceptive practice, including against nonprofits. Sec. 4 defines "covered platform" as a public-serving site or app that mainly hosts user-generated content or regularly publishes nonconsensual intimate imagery. It excludes broadband providers, email, and mostly preselected-content sites with incidental interactive features. Sec. 5 is a severability clause.

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