S. 146: TAKE IT DOWN Act
Sponsor
Ted Cruz
Republican · TX
Bill Progress
Latest Action · May 19, 2025
Became Public Law No: 119-12.
Why it matters
As AI-made sexual deepfakes spread faster online, this bill creates federal crimes and gives victims a 48-hour takedown path that platforms must follow within 1 year of enactment.
The Federal Trade Commission would enforce the platform rules, treating violations as unfair or deceptive acts or practices under the FTC Act. The bill also gives the FTC authority over nonprofit organizations for this section, which is notable because nonprofits are often outside normal FTC reach. At the same time, the bill carves out exceptions for law enforcement and intelligence work, good-faith disclosures to police, courts, medical, scientific, or educational uses, reporting illegal content, seeking support, a person's publication of their own content, and material already covered by child pornography or obscene visual representation laws involving child sexual abuse.
What does S. 146 do?
Federal crime for posting real intimate images
The bill amends Section 223 of the Communications Act of 1934, 47 U.S.C. 223, to make it illegal to knowingly publish an authentic intimate visual depiction through an interactive computer service. For adults, the image must involve a person with a reasonable expectation of privacy, not voluntarily exposed in a public or commercial setting, not be a matter of public concern, and the posting must cause harm or be intended to cause harm. Violators face a Title 18 fine and up to 2 years in prison.
AI deepfake ban includes anyone under 18
The bill defines a "digital forgery" as an intimate visual depiction of an identifiable individual created or altered using software, machine learning, artificial intelligence, or other technological means so that a reasonable person would find it indistinguishable from a real image. For minors, meaning anyone under age 18, knowingly publishing a fake intimate depiction with intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire can bring a Title 18 fine and up to 3 years in prison.
Threats can trigger 18- to 30-month penalties
The bill does not just punish publication; it also covers threats to publish. Threats involving authentic depictions are punished using the same penalties as the adult or minor publication offense. Threats involving digital forgeries carry up to 18 months in prison for adult-related cases and up to 30 months for minor-related cases, plus a fine under Title 18.
Platforms get 1 year, then 48 hours
Covered platforms must establish a notice-and-removal process no later than 1 year after enactment. After receiving a valid written request, they must remove the intimate depiction and make reasonable efforts to remove known identical copies within 48 hours.
Valid takedown notice needs 4 items
A removal request must be in writing and include exactly 4 required elements: a physical or electronic signature, identification of the depiction and its location, a statement of good-faith belief that the depiction is nonconsensual, and contact information for the individual or an authorized representative. Platforms are protected from liability for good-faith removal.
FTC enforcement reaches even nonprofits
Section 3 is enforced by the Federal Trade Commission, and violations are treated as unfair or deceptive acts or practices under the FTC Act. The bill specifically gives the FTC jurisdiction over nonprofit organizations for this notice-and-removal section. It also defines a "covered platform" as a website, online service, or mobile app that serves the public and either primarily hosts user-generated content or regularly publishes, curates, hosts, or makes available nonconsensual intimate visual depictions.
Who benefits from S. 146?
Adults targeted by revenge porn
Adults whose intimate images are posted without consent get both criminal protections and a removal tool. If the case involves a real image meeting the privacy and harm conditions, offenders can face up to 2 years in prison, and victims can demand takedown within 48 hours through a written notice.
Minors under age 18
Anyone under 18 gets stronger protection than adults in key parts of the bill. Posting authentic or fake intimate depictions of minors with abusive, humiliating, harassing, degrading, or sexual intent can lead to up to 3 years in prison, and threats involving fake depictions of minors can bring up to 30 months.
Victims of AI-generated sexual deepfakes
People harmed by fabricated sexual images benefit because the bill explicitly covers "digital forgery" created using software, machine learning, or artificial intelligence. That closes a gap where harmful fake images can look real enough to a reasonable person and spread online quickly.
Families and authorized representatives
The bill lets an authorized representative submit a written takedown request, as long as it includes the required contact information, signature, location of the image, and good-faith statement. That matters for victims who are minors, traumatized, or otherwise unable to handle a removal process on their own.
Who is affected by S. 146?
People who post nonconsensual intimate images
Individuals who knowingly publish real or fake intimate depictions through an interactive computer service face new federal criminal exposure. Depending on whether the victim is an adult or a minor under 18, prison terms range from up to 18 months for certain digital-forgery threats to up to 3 years for minor-related publication offenses, plus Title 18 fines, forfeiture, and restitution under 18 U.S.C. 2264.
Social media platforms and user-content sites
Websites, online services, and mobile apps that serve the public and primarily provide a forum for user-generated content will have to build a formal notice-and-removal process within 1 year of enactment. They must act within 48 hours on valid requests and make reasonable efforts to remove known identical copies.
Sites that regularly host nonconsensual intimate depictions
Even if a service is not a classic social platform, it can still be covered if it regularly publishes, curates, hosts, or makes available nonconsensual intimate visual depictions. That broadens the reach beyond major social media companies.
Nonprofit online platforms
Nonprofit organizations are specifically brought under FTC jurisdiction for the notice-and-removal section. That means nonprofit-run websites or apps that qualify as covered platforms cannot assume they are outside federal consumer protection enforcement here.
What Congress Said
S. 146 was signed into law on May 21, 2025.
Mr. Speaker, due to unforeseen circumstances, I was unable to cast my vote for S. 146, TAKE IT DOWN ACT. Had I been present, I would have voted YEA on Roll Call No. 104.
S. 146 also appeared in 2 more House floor references, 1 in the Extensions of Remarks, and 7 routine cosponsor filings.
S146 Legislative Journey
Signed into Law
May 19, 2025
Became Public Law No: 119-12.
+5 more actions this day
House: Vote: 409-2
Apr 28, 2025
On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 409 - 2 (Roll no. 104). (text: CR H1644-1645)
House: Action Taken
Feb 14, 2025
Held at the desk.
Passed 988-990
Feb 13, 2025
Passed Senate without amendment by Unanimous Consent. (consideration: CR S988; text: CR S988-990)
+4 more actions this day
Committee Action
Jan 16, 2025
Read twice and referred to the Committee on Commerce, Science, and Transportation.
About the Sponsor
Ted Cruz
Republican, TX · 13 years in Congress
Committees: Commerce, Science, and Transportation, Rules and Administration, the Judiciary
View full profile →
Cosponsors at time of passage (21)
This bill has 21 cosponsors: 11 Democrats, 10 Republicans, reflecting bipartisan support. Cosponsors represent 19 states: California, Colorado, Connecticut, and 16 more.
Amy Klobuchar
Democrat · MN
Shelley Capito
Republican · WV
Richard Blumenthal
Democrat · CT
Bill Cassidy
Republican · LA
Cory Booker
Democrat · NJ
John Barrasso
Republican · WY
Jacklyn Rosen
Democrat · NV
Cynthia Lummis
Republican · WY
John Hickenlooper
Democrat · CO
Ted Budd
Republican · NC
Marsha Blackburn
Republican · TN
Roger Wicker
Republican · MS
Committee Sponsors
Commerce, Science, and Transportation Committee
12 of 28 committee members cosponsored at the time
S. 146 Quick Facts
- Committee
- Commerce, Science, and Transportation
- Chamber
- Senate
- Policy
- Science, Technology, Communications
- Introduced
- Jan 16, 2025
Became Public Law No: 119-12.
May 19, 2025
About Legisletter
Legisletter is the advocacy platform that tracks every bill from introduction to Public Law — and connects the constituents affected by a bill to the legislators who vote on it.
Who is lobbying on S. 146?
7 organizations lobbying on this bill
INTERNET SOCIETY (ISOC) | 12 |
CORNERSTONE GOVERNMENT AFFAIRS OBO GOOGLE CLIENT SERVICES LLC | 10 |
BSA THE SOFTWARE ALLIANCE (FORMERLY BSA BUSINESS SOFTWARE ALLIANCE INC) | 10 |
GENERAL FEDERATION OF WOMEN'S CLUBS | 10 |
EPIC GAMES, INC. | 4 |
NATIONAL HOCKEY LEAGUE | 4 |
ASSOCIATION OF NATIONAL ADVERTISERS | 2 |
Showing 1-7 of 7 organizations
S. 146 Common Questions
How quickly would websites have to remove revenge porn under the TAKE IT DOWN Act?
Covered platforms must remove the image within 48 hours of a valid written request and make reasonable efforts to remove known identical copies under the TAKE IT DOWN Act (SEC. 3).
How much prison time can someone get for posting an AI sexual deepfake of a minor?
According to S.146 SEC. 2, knowingly publishing a fake intimate depiction of a minor can bring a Title 18 fine and up to 3 years in prison.
Can someone go to federal prison for posting revenge porn of an adult under the TAKE IT DOWN Act?
Yes. Under the TAKE IT DOWN Act (SEC. 2), knowingly publishing a nonconsensual intimate depiction of an adult can bring a Title 18 fine and up to 2 years in prison if the law’s privacy, harm, and public-concern conditions are met.
How much prison time can you get for threatening to post a sexual deepfake?
Under S.146 SEC. 2, threats involving digital forgeries carry up to 18 months in prison for adult-related cases and up to 30 months for minor-related cases, plus a Title 18 fine.
What has to be in a TAKE IT DOWN takedown request?
Under the TAKE IT DOWN Act (SEC. 3), the notice must include 4 things: a physical or electronic signature, enough information to locate the content, a good-faith statement it is nonconsensual, and contact information.
Does the TAKE IT DOWN Act apply to nonprofit websites?
Yes. According to S.146 SEC. 3, the FTC can enforce the notice-and-removal rules against nonprofit organizations, even though nonprofits are often outside normal FTC jurisdiction.
What counts as consent under the TAKE IT DOWN Act?
Under the TAKE IT DOWN Act (SEC. 2), consent means affirmative, conscious, and voluntary authorization, free from force, fraud, duress, misrepresentation, or coercion.
Which online services are covered by the TAKE IT DOWN Act?
S.146 SEC. 4 covers public-facing websites, online services, and mobile apps that mainly host user-generated content or regularly publish, curate, or host nonconsensual intimate depictions.
Does the TAKE IT DOWN Act apply to email or internet providers?
No. Under the TAKE IT DOWN Act (SEC. 4), broadband internet access services and electronic mail are excluded from the definition of a covered platform.
Can courts seize money or devices used to post nonconsensual intimate images under S.146?
Yes. According to S.146 SEC. 2, courts must order forfeiture of the materials, proceeds from the violation, and personal property used to facilitate it, and must order restitution.
Based on S. 146 bill text
S. 146 Bill Text
“To require covered platforms to remove nonconsensual intimate visual depictions, and for other purposes.”
Source: U.S. Government Publishing Office
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