All Roll Calls
Yes: 409 • No: 2
S146119th CongressWALLET
TAKE IT DOWN Act
Sponsored By: Senator Cruz, Ted [R-TX]
Became Law
Summary
Prohibits nonconsensual intimate visual depictions online and requires platforms to remove them quickly. It makes publishing or threatening to publish real or digitally forged intimate images a federal crime and creates a platform notice-and-removal duty.
Show full summary
- Victims and families can ask platforms to remove images and seek justice. Platforms must remove validly reported intimate depictions within 48 hours and courts can order restitution and forfeiture of proceeds.
- Minors get stronger protection. Posting or threatening to post intimate images or deepfakes of minors to harass or arouse others triggers heightened criminal penalties, including longer prison terms for some offenses.
- Covered platforms must set up a removal process within 1 year and make reasonable efforts to remove identical copies. The Federal Trade Commission enforces takedowns as unfair or deceptive acts and gives platforms limited liability for good-faith removals.
- The law creates new federal crimes for intentional disclosure or threats involving nonconsensual intimate depictions and digital forgeries and preserves listed exceptions for law enforcement, medical, and legal uses.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Which websites and apps are covered
The law defines a "covered platform" as a public website, app, or online service that mainly hosts user content or that regularly publishes nonconsensual intimate images. It excludes broadband and email providers. It also excludes services that mainly post provider-selected content unless they regularly publish nonconsensual intimate images. This definition decides which services must follow the notice-and-removal rules.
New crimes for nonconsensual intimate images
The law makes it a crime to post private intimate images or fake intimate images of adults without consent. Posting intimate images of minors to humiliate or arouse is also criminal. Convictions can bring prison time: up to 2 years for adults and up to 3 years for minors. Courts must order forfeiture of materials and profits and restitution to victims.
Platform takedown and consent rules
Not later than one year after enactment, covered platforms must publish a written way for people to request removal of nonconsensual intimate images. Requests must include a signature, contact info, and enough details to find the image. Platforms must remove a valid request as soon as possible and within 48 hours and try to remove identical copies. The law clarifies that agreeing to create or share an image is not the same as agreeing to have it published, and it extends certain platform legal defenses to these new rules.
FTC enforcement for platform takedowns
The law lets the Federal Trade Commission treat a platform's failure to follow the takedown rules as an unfair or deceptive practice. The FTC can use its normal enforcement powers and procedures to enforce the new requirements. The law also extends enforcement reach to certain nonprofit organizations in specified cases.
Sponsors & CoSponsors
Sponsor
Cruz, Ted [R-TX]
TX • R
Cosponsors
Shelley Capito
WV • R
Sponsored 1/16/2025
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 1/16/2025
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 1/16/2025
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 1/16/2025
Sen. Barrasso, John [R-WY]
WY • R
Sponsored 1/16/2025
Sen. Rosen, Jacky [D-NV]
NV • D
Sponsored 1/16/2025
Sen. Lummis, Cynthia M. [R-WY]
WY • R
Sponsored 1/16/2025
John Hickenlooper
CO • D
Sponsored 1/16/2025
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 1/16/2025
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 1/16/2025
Roger Wicker
MS • R
Sponsored 1/16/2025
Sen. Young, Todd [R-IN]
IN • R
Sponsored 1/16/2025
Sen. Curtis, John R. [R-UT]
UT • R
Sponsored 1/16/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 1/16/2025
Raphael Warnock
GA • D
Sponsored 1/16/2025
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 1/16/2025
Gary Peters
MI • D
Sponsored 1/16/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 1/21/2025
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 2/5/2025
Sen. Shaheen, Jeanne [D-NH]
NH • D
Sponsored 2/6/2025
Amy Klobuchar
MN • D
Sponsored 1/16/2025
Roll Call Votes
house vote • 4/28/2025
On Motion to Suspend the Rules and Pass
Yes: 409 • No: 2