#aahth ,,congress #b;d ,session ,s4 #defi ,,an ,,act ,to require covered platforms to remove nonconsensual intimate visual depictions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tools to ,address ,known ,exploitation by ,immobilizing ,technological ,deepfakes on ,websites and ,networks ,act or the ,,take ,,it ,,down ,act4 #b4 ,criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions 7a7 ,in general ,section #bbc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,intentional disclosure of nonconsensual intimate visual depictions 7#a7 ,definitions ,in this subsection3 7,a7 ,consent ,the term consent means an affirmative1 conscious1 and voluntary authorization made by an individual free from force1 fraud1 duress1 misrepresentation1 or coercion4 7,b7 ,digital forgery ,the term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software1 machine learning1 artificial intelligence1 or any other computer-generated or technological means1 including by adapting1 modifying1 manipulating1 or altering an authentic visual depiction1 that1 when viewed as a whole by a reasonable person1 is indistinguishable from an authentic visual depiction of the individual4 7,c7 ,identifiable individual ,the term identifiable individual means an individual-- 7i7 who appears in whole or in part in an intimate visual depiction2 and 7ii7 whose face1 likeness1 or other distinguishing characteristic 7including a unique birthmark or other recognizable feature7 is displayed in connection with such intimate visual depiction4 7,d7 ,interactive computer service ,the term interactive computer service has the meaning given the term in section #bcj4 7,e7 ,intimate visual depiction ,the term intimate visual depiction has the meaning given such term in section #acji of the ,consolidated ,appropriations ,act1 #bjbb 7#ae ,u4,s4,c4 #fhea74 7,f7 ,minor ,the term minor means any individual under the age of #ah years4 7#b7 ,offense involving authentic intimate visual depictions 7,a7 ,involving adults ,except as provided in subparagraph 7,c71 it shall be unlawful for any person1 in interstate or foreign commerce1 to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if-- 7i7 the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy2 7ii7 what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting2 7iii7 what is depicted is not a matter of public concern2 and 7iv7 publication of the intimate visual depiction-- 7,i7 is intended to cause harm2 or 7,,ii7 causes harm1 including psychological1 financial1 or reputational harm1 to the identifiable individual4 7,b7 ,involving minors ,except as provided in subparagraph 7,c71 it shall be unlawful for any person1 in interstate or foreign commerce1 to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to-- 7i7 abuse1 humiliate1 harass1 or degrade the minor2 or 7ii7 arouse or gratify the sexual desire of any person4 7,c7 ,exceptions ,subparagraphs 7,a7 and 7,b7 shall not apply to-- 7i7 a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,i7 a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 or 7,,ii7 an intelligence agency of the ,united ,states2 7ii7 a disclosure made reasonably and in good faith-- 7,i7 to a law enforcement officer or agency2 7,,ii7 as part of a document production or filing associated with a legal proceeding2 7,,iii7 as part of medical education1 diagnosis1 or treatment or for a legitimate medical1 scientific1 or education purpose2 7,,iv7 in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal1 professional1 or other lawful obligation2 or 7,v7 to seek support or help with respect to the receipt of an unsolicited intimate visual depiction2 7iii7 a disclosure reasonably intended to assist the identifiable individual2 or 7iv7 a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct 7as that term is defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code74 7#c7 ,offense involving digital forgeries 7,a7 ,involving adults ,except as provided in subparagraph 7,c71 it shall be unlawful for any person1 in interstate or foreign commerce1 to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is not a minor if-- 7i7 the digital forgery was published without the consent of the identifiable individual2 7ii7 what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting2 7iii7 what is depicted is not a matter of public concern2 and 7iv7 publication of the digital forgery-- 7,i7 is intended to cause harm2 or 7,,ii7 causes harm1 including psychological1 financial1 or reputational harm1 to the identifiable individual4 7,b7 ,involving minors ,except as provided in subparagraph 7,c71 it shall be unlawful for any person1 in interstate or foreign commerce1 to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is a minor with intent to-- 7i7 abuse1 humiliate1 harass1 or degrade the minor2 or 7ii7 arouse or gratify the sexual desire of any person4 7,c7 ,exceptions ,subparagraphs 7,a7 and 7,b7 shall not apply to-- 7i7 a lawfully authorized investigative1 protective1 or intelligence activity of-- 7,i7 a law enforcement agency of the ,united ,states1 a ,state1 or a political subdivision of a ,state2 or 7,,ii7 an intelligence agency of the ,united ,states2 7ii7 a disclosure made reasonably and in good faith-- 7,i7 to a law enforcement officer or agency2 7,,ii7 as part of a document production or filing associated with a legal proceeding2 7,,iii7 as part of medical education1 diagnosis1 or treatment or for a legitimate medical1 scientific1 or education purpose2 7,,iv7 in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal1 professional1 or other lawful obligation2 or 7,v7 to seek support or help with respect to the receipt of an unsolicited intimate visual depiction2 7iii7 a disclosure reasonably intended to assist the identifiable individual2 or 7iv7 a person who possesses or publishes a digital forgery of himself or herself engaged in nudity or sexually explicit conduct 7as that term is defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code74 7#d7 ,penalties 7,a7 ,offenses involving adults ,any person who violates paragraph 7#b77;,a7 or 7#c77;,a7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #b years1 or both4 7,b7 ,offenses involving minors ,any person who violates paragraph 7#b77;,b7 or 7#c77;,b7 shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #c years1 or both4 7#e7 ,rules of construction ,for purposes of paragraphs 7#b7 and 7#c7-- 7,a7 the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction2 and 7,b7 the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph 7#b7 or 7#c71 respectively4 7#f7 ,threats 7,a7 ,threats involving authentic intimate visual depictions ,any person who intentionally threatens to commit an offense under paragraph 7#b7 for the purpose of intimidation1 coercion1 extortion1 or to create mental distress shall be punished as provided in paragraph 7#d74 7,b7 ,threats involving digital forgeries 7i7 ,threats involving adults ,any person who intentionally threatens to commit an offense under paragraph 7#c77;,a7 for the purpose of intimidation1 coercion1 extortion1 or to create mental distress shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #ah months1 or both4 7ii7 ,threats involving minors ,any person who intentionally threatens to commit an offense under paragraph 7#c77;,b7 for the purpose of intimidation1 coercion1 extortion1 or to create mental distress shall be fined under title #ah1 ,united ,states ,code1 imprisoned not more than #cj months1 or both4 7#g7 ,forfeiture 7,a7 ,in general ,the court1 in imposing a sentence on any person convicted of a violation of paragraph 7#b7 or 7#c71 shall order1 in addition to any other sentence imposed and irrespective of any provision of ,state law1 that the person forfeit to the ,united ,states-- 7i7 any material distributed in violation of that paragraph2 7ii7 the person's interest in property1 real or personal1 constituting or derived from any gross proceeds of the violation1 or any property traceable to such property1 obtained or retained directly or indirectly as a result of the violation2 and 7iii7 any personal property of the person used1 or intended to be used1 in any manner or part1 to commit or to facilitate the commission of the violation4 7,b7 ,procedures ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 with the exception of subsections 7a7 and 7d71 shall apply to the criminal forfeiture of property under subparagraph 7,a74 7#h7 ,restitution ,the court shall order restitution for an offense under paragraph 7#b7 or 7#c7 in the same manner as under section #bbfd of title #ah1 ,united ,states ,code4 7#i7 ,rule of construction ,nothing in this subsection shall be construed to limit the application of any other relevant law1 including section #bbeb of title #ah1 ,united ,states ,code4 4 7b7 ,defenses ,section #bbc7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc7;e77#a77 is amended by striking or 7d7 and inserting 1 7d71 or 7h74 7c7 ,technical and conforming amendment ,subsection 7i7 of section #bbc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc71 as so redesignated by subsection 7a71 is amended by inserting ,definitions4-- before ,for purposes of this section4 #c4 ,notice and removal of nonconsensual intimate visual depictions 7a7 ,in general 7#a7 ,notice and removal process 7,a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 a covered platform shall establish a process whereby an identifiable individual 7or an authorized person acting on behalf of such individual7 may-- 7i7 notify the covered platform of an intimate visual depiction published on the covered platform that-- 7,i7 includes a depiction of the identifiable individual2 and 7,,ii7 was published without the consent of the identifiable individual2 and 7ii7 submit a request for the covered platform to remove such intimate visual depiction4 7,b7 ,requirements ,a notification and request for removal of an intimate visual depiction submitted under the process established under subparagraph 7,a7 shall include1 in writing-- 7i7 a physical or electronic signature of the identifiable individual 7or an authorized person acting on behalf of such individual72 7ii7 an identification of1 and information reasonably sufficient for the covered platform to locate1 the intimate visual depiction of the identifiable individual2 7iii7 a brief statement that the identifiable individual has a good faith belief that any intimate visual depiction identified under clause 7ii7 is not consensual1 including any relevant information for the covered platform to determine the intimate visual depiction was published without the consent of the identifiable individual2 and 7iv7 information sufficient to enable the covered platform to contact the identifiable individual 7or an authorized person acting on behalf of such individual74 7#b7 ,notice of process ,a covered platform shall provide on the platform a clear and conspicuous notice1 which may be provided through a clear and conspicuous link to another web page or disclosure1 of the notice and removal process established under paragraph 7#a77;,a7 that-- 7,a7 is easy to read and in plain language2 and 7,b7 provides information regarding the responsibilities of the covered platform under this section1 including a description of how an individual can submit a notification and request for removal4 7#c7 ,removal of nonconsensual intimate visual depictions ,upon receiving a valid removal request from an identifiable individual 7or an authorized person acting on behalf of such individual7 using the process described in paragraph 7#a77;,a77ii71 a covered platform shall1 as soon as possible1 but not later than #dh hours after receiving such request-- 7,a7 remove the intimate visual depiction2 and 7,b7 make reasonable efforts to identify and remove any known identical copies of such depiction4 7#d7 ,limitation on liability ,a covered platform shall not be liable for any claim based on the covered platform's good faith disabling of access to1 or removal of1 material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent1 regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not4 7b7 ,enforcement by the ,commission 7#a7 ,unfair or deceptive acts or practices ,a failure to reasonably comply with the notice and takedown obligations under subsection 7a7 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,d71 the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7,d7 ,scope of jurisdiction ,notwithstanding sections #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df71 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this section in the same manner provided in subparagraph 7,a71 with respect to organizations that are not organized to carry on business for their own profit or that of their members4 #d4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,consent2 digital forgery2 identifiable individual2 intimate visual depiction ,the terms consent1 digital forgery1 identifiable individual1 intimate visual depiction1 and minor have the meaning given such terms in section #bbc7;h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbc71 as added by section #b4 7#c7 ,covered platform 7,a7 ,in general ,the term covered platform means a website1 online service1 online application1 or mobile application-- 7i7 that serves the public2 and 7ii7 7,i7 that primarily provides a forum for user-generated content1 including messages1 videos1 images1 games1 and audio files2 or 7,,ii7 for which it is in the regular course of trade or business of the website1 online service1 online application1 or mobile application to publish1 curate1 host1 or make available content of nonconsensual intimate visual depictions4 7,b7 ,exclusions ,the term covered platform shall not include the following3 7i7 ,a provider of broadband internet access service 7as described in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or successor regulation74 7ii7 ,electronic mail4 7iii7 ,except as provided in subparagraph 7,a77ii77,,ii71 an online service1 application1 or website-- 7,i7 that consists primarily of content that is not user generated but is preselected by the provider of such online service1 application1 or website2 and 7,,ii7 for which any chat1 comment1 or interactive functionality is incidental to1 directly related to1 or dependent on the provision of the content described in subclause 7,i74 #e4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4 ,passed the ,senate ,december #c1 #bjbd4,secretary