The "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act," or the TAKE IT DOWN Act, aims to combat the nonconsensual sharing of intimate visual depictions. It introduces new federal criminal offenses for publishing such content and imposes obligations on online platforms to remove it. The bill addresses both authentic intimate visual depictions and those created using digital forgery, often referred to as deepfakes.

Specifically, the bill makes it unlawful to knowingly publish an intimate visual depiction of an identifiable adult without consent if it was obtained under circumstances of reasonable expectation of privacy, is not public concern, and is intended to cause or causes harm. For minors, publishing such content is unlawful if done with intent to abuse, humiliate, harass, degrade, or to arouse or gratify sexual desire. The bill defines a digital forgery as an intimate visual depiction created using software, AI, or other computer-generated means that appears indistinguishable from an authentic depiction. Penalties for violations range from fines and up to two years imprisonment for adult-related offenses, to fines and up to three years imprisonment for minor-related offenses.

Furthermore, the Act requires covered platforms—websites or online services primarily providing user-generated content or regularly hosting nonconsensual intimate visual depictions—to establish a clear notice and removal process. Upon receiving a valid request from an identifiable individual, platforms must remove the depiction and make reasonable efforts to identify and remove identical copies within 48 hours. Failure to comply with these removal obligations can be treated as an unfair or deceptive act or practice, enforceable by the Federal Trade Commission (FTC). The bill also provides liability limitations for platforms acting in good faith to remove such content.