TAKE IT DOWN Act

Sponsor: Ted Cruz (R-TX)

This act generally prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms (e.g., social media platforms) to promptly remove such depictions upon receiving notice of their existence. Specifically, the act prohibits the online publication of intimate visual depictions of an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both.

Science, Technology, Communications Topic assigned by the Congressional Research Service.