S. 146 · 119th Congress · Senate
TAKE IT DOWN Act
Introduced 2025-01-16 · Sponsored by Ted Cruz (R-TX), Amy Klobuchar (D-MN) · Last updated 2026-03-31
Last action (2025-05-19): Signed into law by the President.
Summary
Criminalizes the publication of nonconsensual intimate images, including AI-generated deepfakes. Requires social media platforms to remove such content within 48 hours of a valid report. Carries penalties of up to 2 years imprisonment and fines.
The Good
First federal law addressing AI-generated intimate imagery
No federal law previously covered deepfake pornography. With AI image generation becoming accessible to anyone, this closes a gap where victims had no legal recourse for AI-generated nonconsensual content.
Strong bipartisan support
Passed the Senate unanimously (unanimous consent) and the House 409-2. Bipartisan sponsorship from Ted Cruz (R-TX) and Amy Klobuchar (D-MN) reflects rare cross-party agreement.
Mandatory 48-hour platform takedown requirement
Creates an enforceable timeline for platforms to remove reported content. Without this, victims often waited weeks or months for voluntary takedowns, during which the content spread further.
The Bad
Potential for abuse through false takedown requests
The 48-hour removal requirement could be weaponized with fraudulent reports to censor legitimate content. The bill's verification requirements for reports are relatively thin, raising concerns about bad-faith abuse.
First Amendment concerns from civil liberties groups
The EFF and some legal scholars argue the law is overbroad and could chill protected speech. The definition of 'intimate image' and what constitutes 'nonconsensual' publication involves subjective judgments that platforms must make under time pressure.
Enforcement challenges with offshore platforms
The law applies to platforms operating in the US, but much nonconsensual intimate content is hosted on offshore sites beyond US jurisdiction. The practical impact may be limited to mainstream platforms that were already somewhat responsive.
Vote Record
House, 2025-04-28
BipartisanPassage (House)
Passed Congress.gov — House Roll Call #104
House vote by state
Hover over a state to see its delegation
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