S. 146: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act

This bill, known as the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act" or the "TAKE IT DOWN Act," aims to address the issue of nonconsensual intimate visual depictions, particularly those that may be generated or manipulated using technology such as digital forgeries or deepfakes. Here’s a summary of the main points of the bill:

Prohibition on Disclosure of Nonconsensual Visual Depictions

The bill creates a criminal prohibition against the intentional disclosure of nonconsensual intimate visual depictions, which refers to images shared without the consent of the person depicted. Key points include:

• The definitions of critical terms such as consent, digital forgery, identifiable individual, and intimate visual depiction.
• It becomes unlawful to publish nonconsensual intimate visual depictions of identifiable individuals unless certain conditions apply (e.g., if the individual was aware of potential exposure and it wasn't meant to harm them).
• Special protections are provided for minors regarding such publications, with harsher penalties for offenses involving minors.
• Exceptions exist for certain lawful activities, such as law enforcement actions or disclosures made in good faith.

Notice and Removal Process

The bill mandates that covered platforms (like social media sites) establish a clear process for individuals to report and request the removal of these depictions. This process must include:

• A system for individuals or their representatives to notify platforms of unauthorized depictions and ask for their removal.
• Platforms are required to respond and remove reported depictions within 48 hours if the claim is valid.
• Clear information must be provided on how individuals can access this removal process.

Enforcement and Penalties

The bill outlines enforcement mechanisms and penalties for noncompliance:

• The Federal Trade Commission (FTC) is given authority to enforce compliance with these provisions, treating failure to comply as a deceptive act.
• Penalties for individuals who violate these provisions include fines and potential prison time, with increased penalties for violations involving minors.
• Any material involved in such violations may be subject to forfeiture.

Relevant Companies

• FB (Meta Platforms, Inc.): As a primary platform for user-generated content, Facebook would be significantly impacted by the requirements of this bill to remove nonconsensual visual depictions and manage user complaints regarding such content.
• GOOGL (Alphabet Inc.): Google's services, such as YouTube, would be affected by the provisions requiring swift action on reported content and establishing removal processes.
• AMZN (Amazon.com, Inc.): Depending on its platform functionalities, Amazon could be implicated in the enforcement of the bill's requirements regarding user-generated content on its site.