S. 146: TAKE IT DOWN Act

Context

The spread of non-consensual intimate images—often called “revenge porn”—has become one of the most damaging and under-policed harms of the digital age. These images are frequently posted online without permission, sometimes by ex-partners, sometimes by hackers, and sometimes by strangers using stolen content. Once uploaded, they can be copied, shared, and hosted across countless platforms, making removal nearly impossible for victims.

The human toll is staggering: survivors report job loss, harassment, broken relationships, and in some cases suicide. Studies show that 1 in 25 Americans has been threatened with or experienced the sharing of non-consensual intimate images, with women and young people disproportionately affected. Yet under current U.S. law, there is no federal statute that explicitly criminalizes this conduct—leaving victims to navigate a patchwork of state laws, civil claims, and voluntary tech company policies.

Lawmakers identified three main gaps:

• Legal Void. Without a clear federal prohibition, prosecutors often lack tools to pursue offenders, especially when images cross state lines or appear on foreign-hosted platforms.
• Platform Accountability. Tech companies vary widely in how quickly or effectively they respond to takedown requests, leaving victims with little recourse.
• Victim Protection. Survivors often face stigma and financial hurdles when seeking justice, compounding the trauma of having their images shared without consent.

The Terminating Abusive Kollective Electronic Intimate Tracking and Dissemination of Obscene Unlawful Non-Consensual (TAKE IT DOWN) Act (S.146) was introduced to close these gaps by establishing a federal ban on the distribution of intimate images without consent. Its goal is to create consistent protections nationwide, give law enforcement clear authority to act, and ensure platforms are part of the solution rather than part of the problem.

Key Provisions

1. Mandatory takedown process. Requires online platforms to remove intimate images shared without consent (“revenge porn”) when requested by victims, creating a clear legal obligation to act quickly.
2. Designated reporting channels. Platforms must provide an easy, accessible way for individuals to report non-consensual intimate images, ensuring victims don’t face confusing or hidden complaint systems.
3. Deadlines for removal. Sets strict timelines for how quickly companies must investigate and take down flagged content, limiting further harm from continued circulation.
4. Penalties for noncompliance. Establishes civil penalties for platforms that fail to remove violating content, pushing companies to treat these requests as seriously as copyright or other legal takedowns.
5. Privacy safeguards. Ensures that victims’ identities and complaints remain confidential to prevent retaliation or additional exposure.
6. Agency oversight. Directs the Federal Trade Commission (FTC) to enforce compliance, giving the law real teeth beyond platform self-policing.

Final Thoughts

The TAKE IT DOWN Act seeks to fill a major gap in digital safety by making the non-consensual sharing of intimate images a clear federal offense and holding platforms accountable for timely removal. Advocates see it as long-overdue protection for victims in an era where online harms spread instantly, while skeptics may question enforcement challenges and the balance between regulation and free expression. At its core, the bill highlights how law and technology must evolve together to address deeply personal harms in the digital age.