In recent months, we’ve seen a notable shift in how Congress is approaching privacy. Unlike previous legislative sessions, this Congress appears determined to enact meaningful reforms—and one key example is the recently passed TAKE IT DOWN Act (S.B.146).
The bill, which has received strong bipartisan support, criminalizes the posting of non-consensual intimate imagery and imposes specific responsibilities on website operators. It has already passed both the Senate and the House, and it’s now awaiting the President’s signature. By the time you read this, it may very well be law.
What Does the TAKE IT DOWN Act Do?
The legislation creates a federal standard for the removal of intimate images shared without consent—a move that addresses the patchwork of state laws and private suits that have left many victims without effective recourse. Both adults and minors are covered under the new protections.
Covered website operators, primarily those allowing public posting will now be required to remove such content within 48 hours of receiving a valid request. This requirement not only extends to actual images but also includes synthetically generated or AI-created intimate content.
A New Burden—And Safe Harbor—for Website Operators
The bill is particularly significant for operators of platforms that host user-generated content. While enforcement will initially focus on large social media companies, any site that permits public posting will need to think through processes for receiving and acting on takedown requests.
This understandably raises questions about free speech and the risks of over-removal. Fortunately, the bill includes a safe harbor clause. If a website acts in good faith to take down content that is later deemed lawful, it will not be penalized. Platforms are encouraged to remove first and resolve any disputes afterward.
Who Will Enforce It?
On the criminal side, law enforcement will handle violations. On the regulatory side, the Federal Trade Commission (FTC) will be in charge. The FTC has made privacy a top priority, and this bill gives it a clear mandate to act in a space where its authority has sometimes been questioned.
What This Means for Privacy Law
This legislation is a significant win for victims of image-based abuse and a notable step forward for online privacy in the United States. It shows that lawmakers are starting to take privacy more seriously, and it could pave the way for broader legislation in the future – including a federal comprehensive privacy law.
We’ll be keeping a close eye on how this bill is implemented and whether additional privacy measures follow. In the meantime, if you’re a business owner or website operator unsure about how this might impact your compliance responsibilities, feel free to reach out.
A Partner at M&S, Josh advises clients on a range of proactive and responsive matters, helping them achieve their business goals while complying with federal and state privacy and other consumer protection laws.