A new bill, S.146, was signed by President Trump on May 19, 2025. It is the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act” or the TAKE IT DOWN Act.
As to adults, it is unlawful to:
use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if—
“(i) 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 privacy;
“(ii) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;
“(iii) what is depicted is not a matter of public concern; and
“(iv) publication of the intimate visual depiction—
“(I) is intended to cause harm; or
“(II) causes harm, including psychological, financial, or reputational harm, to the identifiable individual.
As to minors, it is unlawful to:
use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to—
“(i) abuse, humiliate, harass, or degrade the minor; or
“(ii) arouse or gratify the sexual desire of any person
Digital forgeries are similarly prohibited. The Act includes exceptions for good faith disclosure to law enforcement, production in a legal proceeding, etc.
Penalties include fines and/or imprisonment for 2 or 3 years, respectively for violations against adults or minors.
For more information, the full text of the bill is available here.
