TAKE IT DOWN Act Passes House Commerce, But Not Without a Fight

WASHINGTON, April 8, 2025 – Despite passing by a 49-1 vote, the TAKE IT DOWN Act ignited partisan tensions at Tuesday’s House Energy and Commerce Committee markup, where Democrats offered five amendments to the bill — including one that would have required President Donald Trump to reinstate recently dismissed Federal Trade Commission commissioners Rebecca Kelly Slaughter and Alvaro Bedoya.

The bill, which criminalizes the distribution of non-consensual deepfake pornography and intimate images, was one of more than ten key tech and telecom measures considered during the marathon markup, many of which have already cleared the Senate Commerce Committee.

Though the TAKE IT DOWN Act was broadly supported, Democrats expressed concern that the agency charged with enforcing it – the FTC – was being undermined just as Congress acted. 

“We must take this unlawful attempt to fire two FTC commissioners head on,” said Rep. Darren Soto, D-Fla., who introduced the amendment tying the bill’s effective date to the reinstatement of the fired commissioners. 

“Our constituents are counting on us and on the FTC to stop fraud, to stop exploitation and abuse of kids,” Soto said. “It's time to get off the sidelines and act. Otherwise these good consumer protection bills passed today will be ineffective when they get into law.”

Rep. John James, R-Mich., responded sharply to Soto, saying he was “profoundly disappointed” by what he called a “thinly veiled delay tactic.” His comments echoed many Republicans on the committee who reportedly refused to consider amendments in the lead-up to the markup, framing any changes from Democrats as efforts to stall progress. 

“This amendment is nothing less than an attempt to derail this very important bill that we have to move forward,” James said. Soto’s amendment failed in a 22-28 vote.

Rep. Kim Schrier, D-Wash., pushed back. “This is not a delay tactic,” Schrier said. “Unless you get those FTC commissioners who are going to enforce taking down pornographic images, you're going to get nothing.”

“[The only] delay tactic was when we didn’t pass this bill last year,” added Rep. Debbie Dingell, D-Mich., referencing the bill had been removed, along with three other measures being considered Tuesday, from a December omnibus funding bill last Congress.

Several Democrats pinned the last minute omissions on Elon Musk.

“Democrats and Republicans came together last year to agree on a package of those bills, which was included in the December 2024 continuing resolution. That was, of course, until Elon Musk and Donald Trump told the House Republicans to remove it,” said Diane DeGette, D-Colo.

“Let’s be clear, this bill should already be law,” Dinghell said.

Four other amendments were offered to the TAKE IT DOWN Act:

1. One introduced by Rep. Kathy Castor, D-Fla., tried to attach the Kids Online Safety Act to the legislation. Castor’s amendment failed by a vote of 20-31.
2. An amendment introduced by Dingell would have ensured the bill covers both nonconsensual authentic imagery, as well as digital forgeries. The amendment failed 22-28.
3. An amendment from Ranking Member Frank Pallone, D-N.J., would have prevented bad actors from impersonating victims to file false takedown requests. The amendment was voted down by voice vote.
4. And, Rep. Jake Auchincloss, D-Mass., introduced but ultimately withdrew an amendment that would have incorporated provisions from his own Intimate Privacy Protection Act. He used the moment to urge bipartisan action to reform Section 230 of the Communications Decency Act, a foundational internet law that shields online platforms from being held liable for most content posted by their users.

“This issue has completely exploded very rapidly, right under our noses,” said Rep. Alexandria Ocasio-Cortez, D-N.Y., reporting one-in-eight teenagers has been impacted by deep fake harassment in schools.

“I know everyone on both sides supports this bill and wants the premise of this bill to be done,” Chairman Brett Guthrie, R-Ky., said. 

The TAKE IT DOWN Act, ultimately passed in a 49-1 vote, with Rep. Yvette Clarke, D-N.Y., casting the sole vote against it.

Sens. Ted Cruz, R-Texas, and Amy Klobuchar, D-Minn., celebrated the committee’s advancement of the bipartisan TAKE IT DOWN Act, with Cruz thanking Chairman Guthrie for moving the bill closer to becoming law.

While the TAKE IT DOWN Act sparked hours of debate, most of the other tech and telecom bills flew through with little discussion or opposition, mostly passing on voice votes without recorded tallies.

Other bills that passed the committee Tuesday included:

• H.R. 2480, the Securing Semiconductor Supply Chains Act of 2025, to strengthen America’s semiconductor supply chain.
• H.R. 866, the Removing Our Unsecure Technologies to Ensure Reliability and Security (ROUTERS) Act, would require the Commerce Department to assess security risks posed by routers and modems manufactured in adversarial nations. 
• H.R. 859, the Informing Consumers About Smart Devices Act, would require clear labeling on smart devices containing cameras or microphones. 
• H.R. 2444, the Promoting Resilient Supply Chains Act of 2025, would establish a federal working group to strengthen U.S. tech supply chains. 
• H.R. 2399, the Rural Broadband Protection Act, would tighten FCC vetting procedures for broadband providers seeking federal funding in unserved areas.
• H.R. 2482, the NTIA Reauthorization Act of 2025, would direct the NTIA to coordinate a national broadband strategy spanning more than 100 federal initiatives.
• H.R. 906, the Foreign Adversary Communications Transparency (FACT) Act, would require the FCC to publish an annual list of license holders with substantial foreign ownership from adversarial nations.
• H.R. 2449, the Future Uses of Technology Upholding Reliable and Enhanced (FUTURE) Networks Act, would guide long-term planning for secure next-generation 6G network infrastructure.
• H.R. 2037, the OpenRAN Outreach Act, would require the NTIA to provide technical assistance and outreach to small communications providers on the benefits and challenges of open radio access networks (Open RAN). 
• H.R. 1717, the Communications Security Act, would direct the FCC to establish a council to make recommendations on ways to increase the security, reliability, and interoperability of communications networks.
• H.R. 2458, the Secure Space Act, would bar the FCC from granting satellite licenses or market access to companies tied to banned communications equipment or their affiliates.

The four-hour markup was ultimately cut short due to floor votes, delaying consideration of several health-related bills that will be taken up at a later date.