TAKE IT DOWN Act
Sponsored By: Representative Salazar
In Committee
Summary
Creates federal crimes and requires platforms to remove nonconsensual intimate images and deepfakes. It would criminalize publishing intimate visual depictions of adults and minors without consent and set platform notice-and-removal rules with FTC enforcement and penalties.
Show full summary
- Individuals and families: People can ask covered platforms to remove nonconsensual intimate images and platforms must try to remove identical copies and act within 48 hours of a valid request. Convicted publishers face fines, forfeiture, and restitution and adults can receive up to 2 years in prison.
- Minors: Publishing intimate depictions of an identifiable minor with intent to abuse, humiliate, harass, or arouse is unlawful and carries penalties up to 3 years, with enhanced penalties for threats and certain digital forgeries.
- Platforms and regulators: Covered platforms must create a clear notice-and-removal process within one year and receive limited liability for good faith removals. The Federal Trade Commission would enforce the rules as unfair or deceptive acts or practices while other laws remain preserved.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Fast takedowns of nonconsensual images
If enacted, you could ask a covered site or app to remove an intimate image posted without your consent. Your signed notice would need contact info, where the image is, and a short good‑faith statement that it was not consented to. The platform would have to remove the image and any known identical copies as soon as possible, and no later than 48 hours after a valid request. Platforms would have one year after enactment to set up this system and must post clear instructions.
New crimes for nonconsensual intimate images
If enacted, it would be a federal crime to post nonconsensual intimate images or certain sexual deepfakes online. For adults, the ban applies when there was a reasonable expectation of privacy, it was not public or commercial, it is not a matter of public concern, and the post was meant to cause harm or did cause harm. For minors, posting with intent to abuse, humiliate, harass, degrade, or to arouse or gratify sexual desire would be illegal. Penalties could be fines and up to 2 years in prison for adult cases, and up to 3 years for minor cases. Threats are also covered with shorter maximum terms, and courts could order forfeiture and restitution. There are narrow exceptions, like lawful law enforcement work, good‑faith reports to police or courts, certain medical, scientific, or educational uses, and when a person posts their own image.
FTC enforcement and platform safe harbor
If enacted, the FTC could treat a platform’s failure to follow the takedown rules as an unfair or deceptive act, including for nonprofits. Covered platforms would get legal protection when they remove or block apparent unlawful intimate images in good faith. The bill would define which sites and apps are covered and would exclude email services, broadband providers, and services that mainly show provider‑selected content.
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Sponsors & CoSponsors
Sponsor
Salazar
FL • R
Cosponsors
Rep. Dean, Madeleine [D-PA-4]
PA • D
Sponsored 1/22/2025
Pfluger
TX • R
Sponsored 1/22/2025
Rep. Dingell, Debbie [D-MI-6]
MI • D
Sponsored 1/22/2025
Buchanan
FL • R
Sponsored 1/22/2025
Del. Plaskett, Stacey E. [D-VI-At Large]
VI • D
Sponsored 1/22/2025
Rep. De La Cruz, Monica [R-TX-15]
TX • R
Sponsored 2/6/2025
Rep. Costa, Jim [D-CA-21]
CA • D
Sponsored 2/6/2025
Smith (NJ)
NJ • R
Sponsored 2/6/2025
Lee (NV)
NV • D
Sponsored 2/6/2025
Rep. Khanna, Ro [D-CA-17]
CA • D
Sponsored 3/4/2025
Bice
OK • R
Sponsored 3/4/2025
Kean
NJ • R
Sponsored 3/4/2025
Rep. Suozzi, Thomas R. [D-NY-3]
NY • D
Sponsored 3/4/2025
Goldman (TX)
TX • R
Sponsored 3/4/2025
Rep. Boebert, Lauren [R-CO-4]
CO • R
Sponsored 3/4/2025
Crenshaw
TX • R
Sponsored 3/5/2025
Rep. Higgins, Clay [R-LA-3]
LA • R
Sponsored 3/5/2025
Wilson (SC)
SC • R
Sponsored 3/5/2025
Rep. Meuser, Daniel [R-PA-9]
PA • R
Sponsored 3/5/2025
Van Drew
NJ • R
Sponsored 3/5/2025
Rep. Nunn, Zachary [R-IA-3]
IA • R
Sponsored 3/10/2025
Guest
MS • R
Sponsored 3/10/2025
Rep. Hamadeh, Abraham J. [R-AZ-8]
AZ • R
Sponsored 3/10/2025
Rep. Carter, Earl L. "Buddy" [R-GA-1]
GA • R
Sponsored 3/10/2025
Rep. Hurd, Jeff [R-CO-3]
CO • R
Sponsored 3/10/2025
Williams (TX)
TX • R
Sponsored 3/24/2025
Malliotakis
NY • R
Sponsored 3/24/2025
Edwards
NC • R
Sponsored 3/24/2025
Rep. Carbajal, Salud O. [D-CA-24]
CA • D
Sponsored 3/24/2025
Rep. Fitzpatrick, Brian K. [R-PA-1]
PA • R
Sponsored 3/24/2025
Bresnahan
PA • R
Sponsored 3/31/2025
Rep. Harrigan, Pat [R-NC-10]
NC • R
Sponsored 3/31/2025
LaLota
NY • R
Sponsored 3/31/2025
Fulcher
ID • R
Sponsored 3/31/2025
McBride
DE • D
Sponsored 4/1/2025
Gooden
TX • R
Sponsored 4/1/2025
Rep. Cuellar, Henry [D-TX-28]
TX • D
Sponsored 4/7/2025
Craig
MN • D
Sponsored 4/7/2025
Obernolte
CA • R
Sponsored 4/7/2025
Fedorchak
ND • R
Sponsored 4/8/2025
Rep. Mackenzie, Ryan [R-PA-7]
PA • R
Sponsored 4/9/2025
Roll Call Votes
No roll call votes available for this bill.
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