TAKE IT DOWN Act Passed by Congress, Heads to President's Desk

On April 29, the U.S. House of Representatives passed, by a 409-2 vote, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the "TAKE IT DOWN Act" (S. 146). The bill, which passed by unanimous voice vote in the Senate on February 13, now goes to President Donald Trump's desk for signature. 

As described in a January 16 press release by the Senate and House bills' sponsors, the TAKE IT DOWN Act “makes it unlawful for a person to knowingly publish [non-consensual intimate imagery (NCII)] on social media and other online platforms. NCII is defined to include realistic, computer-generated pornographic images and videos ["deep forgeries"] that depict identifiable, real people." The bill has separate provisions and corresponding criminal penalties applicable to minors and adults, and it specifies that a victim consenting to the creation of an authentic image does not mean that the victim has consented to its publication.

 

Additionally, the TAKE IT DOWN Act includes a notice-and-takedown provision that requires social media and other public websites or internet services to establish procedures for the removal of NCII in response to a valid request from a victim, within 48 hours. Under the bill, websites also are required to make reasonable efforts to remove copies of the unauthorized images. Websites that make good faith efforts to remove NCII or disable access to it receive immunity from legal claims relating to such removal or disabled access. However, a website’s failure to comply with the notice-and-takedown requirements constitutes an unfair or deceptive act or practice under the Federal Trade Commission Act. Under the TAKE IT DOW ACT, the FTC has authority to enforce the notice-and-takedown requirements and impose penalties for non-compliance. 

 

The TAKE IT DOWN Act appears to be a commonsense measure, carefully written, and reasonably necessary to address a serious problem that is nationwide in scope. President Donald Trump is expected to sign the bill into law. Credit and congratulations are due to the bill's supporters and its sponsors.

 

The TAKE IT DOWN Act (S.146) is sponsored by Senators Ted Cruz and Amy Klobuchar. Reps. Maria Elvira Salazar and Madeleine Dean are sponsors of the House companion bill (H.R.633). Senator Cruz, who is Chairman of the Senate Commerce, Science, and Transportation Committee, talked about the TAKE IT DOWN Act during his keynote address at the Free State Foundation's Seventeenth Annual Policy Conference in Washington D.C. on March 25, 2025: 

Senate Bill Would Require FCC Vetting Process in Awarding High-Cost Broadband Subsidies

On February, Sen. Shelley Moore Capito announced the reintroduction of the Rural Broadband Act. The bill is co-sponsored by Sen. Amy Klobuchar. The bill is intended to provide for an FCC vetting process for applicants seeking universal service dollars to deploy broadband, in order to ensure that the subsidy awards are given to entities that are capable of fulfilling their obligations. 

If passed by Congress, the Rural Broadband Act would require the FCC to conduct a rulemaking that would establish a vetting process for future applicants future high-cost universal program funding for deployment and supporting broadband Internet access services. Under the bill, the Commission would adopt rules requiring those applicants of "new covered funding awards" to include, in their initial applications, a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant characteristics defined by the Commission and as pledged by the applicant. The initial proposal must also include detail sufficient for the Commission to determine whether the applicant's technology would have the ability to perform as required. And the bill directs the Commission to evaluate the proposal using "well-established technical standards." 

The Rural Broadband Act was introduced in the last Congress but did not receive a committee hearing. On its face, the bill appears sensible. The 118th Congress ought to take up the Rural Broadband Act and seriously consider its merits. 

Of course, this legislation exists amidst the larger backdrop of questions surrounding the future of universal service, and whether or the extent to which Universal Service Fund programs should continue as they are presently constituted or be overhauled. Here are a handful of publications by Free State Foundation scholars on point:

• Andrew Long, "A True Assessment of the USF's Future Relevance Demands a Full Accounting of Broadband Subsidies," FSF Blog (August 30, 2022). 
• Randolph J. May, "The FCC's USF Report: Unprecedented Broadband Funding Requires Fundamental Universal Services Reforms," Perspectives from FSF Scholars, Vol. 17, No. 42 (August 26, 2022). 
• Seth L. Cooper, "Congress Should Consider Expanding Universal Service Contributions: FCC Poses a Potential Answer to USF's Financial Problems," Perspectives from FSF Scholars, Vol. 17, No. 41 (August 23, 2022). 
• Seth L. Cooper, "Congress Should Require Major Web Platforms to Support Universal Service," Perspectives from FSF Scholars, Vol. 17, No. 31 (June 14, 2022). 
• Justin (Gus) Hurwitz, "Congress May Invest Billions in Broadband: It Should Reform the Universal Service Fund Too," Perspectives from FSF Scholars, Vol. 16, No. 34 (July 9, 2021).