WASHINGTON D.C. – The Senate has unanimously passed the TAKE IT DOWN Act, a bipartisan bill introduced by Senators Amy Klobuchar (D-MN) and Ted Cruz (R-TX) aimed at protecting individuals from the nonconsensual publication of explicit images, including AI-generated deepfakes. The legislation criminalizes the dissemination of non-consensual intimate imagery (NCII) and mandates that online platforms remove such content within 48 hours of a victim’s request.

“We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse,” said Senator Klobuchar. “Passing this bipartisan legislation builds on my work to ensure that victims can have this material removed from social media platforms and law enforcement can hold perpetrators accountable. The House should pass this bill and the President should sign it into law as soon as possible to protect victims of online abuse.”

“The TAKE IT DOWN Act gives victims of revenge and deepfake pornography—many of whom are young girls—the ability to fight back,” said Senator Cruz. “Under our bipartisan bill, those who knowingly spread this vile material will face criminal charges, and Big Tech companies must remove exploitative content without delay. As we worked on the TAKE IT DOWN Act, more victims courageously came forward to share their stories to help end this horrific online abuse. Now, it’s up to the House to pass the TAKE IT DOWN Act and give victims the power to reclaim their privacy and dignity.”

Key provisions of the bill include:

  • Criminalizing the publication or threat to publish NCII in interstate commerce, including AI-generated explicit content depicting real individuals.
  • Requiring online platforms to remove NCII within 48 hours of receiving a valid request from the victim, with enforcement by the Federal Trade Commission (FTC).
  • Allowing good faith disclosures of NCII in limited cases, such as reporting to law enforcement.
  • Ensuring compliance with First Amendment protections by applying a “reasonable person” test for distinguishing AI-generated images from real ones.

The bill is co-sponsored by a bipartisan group of senators, including Shelley Moore Capito (R-WV), Richard Blumenthal (D-CT), Bill Cassidy (R-LA), Cory Booker (D-NJ), John Barrasso (R-WY), Jacky Rosen (D-NV), Cynthia Lummis (R-WY), John Hickenlooper (D-CO), Ted Budd (R-NC), Marsha Blackburn (R-TN), Roger Wicker (R-MS), Todd Young (R-IN), John Curtis (R-UT), Tim Sheehy (R-MT), Raphael Warnock (D-GA), Martin Heinrich (D-NM), Gary Peters (D-MI), Adam Schiff (D-CA), Catherine Cortez Masto (D-NV), and Jeanne Shaheen (D-NH).

In the House, companion legislation has been introduced by Reps. Maria Elvira Salazar (R-FL) and Madeleine Dean (D-PA).

The passage of the TAKE IT DOWN Act follows the Senate’s approval of the SHIELD Act, co-sponsored by Klobuchar and Sen. John Cornyn (R-TX), which aims to curb the online exploitation of explicit private images.

During a 2024 Senate Judiciary Committee hearing on “Big Tech and the Online Child Sexual Exploitation Crisis,” Klobuchar and fellow lawmakers questioned tech industry leaders, including the CEOs of Meta, TikTok, Snap, X, and Discord, on their companies’ roles in exposing minors to harmful content and facilitating online exploitation.