Explanation of bill
Explanation of the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act"
This bill, also known as the "TAKE IT DOWN Act", aims to address the issue of nonconsensual sharing of intimate visual depictions on online platforms. It requires covered platforms (websites, online services, etc.) to remove such content when notified by the individual depicted or their authorized representative.
The bill defines terms like consent, digital forgery, identifiable individual, intimate visual depiction, and minor. It outlines criminal prohibitions on intentional disclosure of nonconsensual intimate visual depictions, with penalties for violations. It also establishes a notice and removal process for individuals to request the removal of such content.
Failure to comply with the removal obligations can be treated as an unfair or deceptive act, enforced by the Federal Trade Commission. The bill includes provisions for enforcement, limitations on liability for platforms acting in good faith, and definitions of covered platforms exempt from certain requirements.
If any part of the bill is found unenforceable, the remainder of the provisions will still stand.