Non-consensual intimate images (NCII), often created with AI tools, are a growing issue targeting both adults and children with devastating social and emotional impacts.
While many states have laws against NCII, enforcement is inconsistent, and victims struggle to remove images or pursue costly, retraumatizing legal action.
The Solution: TAKE IT DOWN Act
- Bill: S.4569
- Sponsors: Senator Ted Cruz (R-Texas), Senator Amy Klobuchar (D-Minn.)
1. Criminalizes NCII & Threats to Publish It
The bill makes it a federal crime to knowingly publish or threaten to publish non-consensual intimate imagery on online platforms. It explicitly includes realistic, computer-generated intimate images depicting identifiable individuals. The bill clarifies that consent to create an image does not equate to consent for its publication.
2. Mandates Swift Removal of NCII
The bill will require platforms to remove NCII within 48 hours of a victim’s valid request and to take reasonable steps to delete duplicate content. The Federal Trade Commission (FTC) is empowered to enforce these requirements that hold platforms accountable.
3. Protects Victims Through Good Faith Actions
The legislation safeguards those who disclose NCII in good faith, such as to law enforcement or for medical purposes.
4. Safeguards Free Speech
The bill is narrowly designed to criminalize only the knowing publication of NCII, ensuring lawful speech remains protected. It adheres to First Amendment standards by requiring computer-generated NCII to pass a “reasonable person” test for realistic depiction.
TAKE IT DOWN: A Clear Stance Against Exploitation
The TAKE IT DOWN Act empowers survivors, holds offenders accountable, and ensures online platforms take responsibility.
>>> DOWNLOAD A PRINTABLE PDF
Contact: RAINN Director of Federal Affairs, Karrie Delaney