Section 223a of Title 47 establishes specific obligations for online platforms. The section defines non-consensual intimate visual depiction, outlines notification requirements, specifies a timeline, and establishes both penalties for willful violation and options for victims. ScanErase's reports are formatted to align with 47 U.S.C. § 223a, ensuring users can identify the appropriate steps to take.

Key facts about this term

  1. Section 223a defines NCIVD broadly The statutory definition covers authentic intimate images, AI-generated and synthetic imagery, morphed or manipulated imagery, and video content. It includes any visual depiction of a real identifiable individual in an intimate context without consent.
  2. Notices must meet statutory requirements A valid 223a notice must identify the victim, specify the content, and include a certification of non-consent under penalty of perjury. Notices that do not meet these requirements may not initiate the required reporting timeline.
  3. Damages are available to victims of non-compliance Section 223a provides for statutory damages against platforms that fail to address covered content within a specified timeframe. Victims do not need to prove actual financial harm.

Frequently asked questions

Is 47 U.S.C. § 223a the same as the TAKE IT DOWN Act?

Yes. The TAKE IT DOWN Act is the legislative name for the law. Once enacted, it was codified as 47 U.S.C. § 223a, the permanent location in the U.S. Code where the statute's requirements are found.

Can I file a 223a notice myself?

Yes. The statute allows victims to file their own notices directly. Notices must meet specific formal requirements, including identifying the content and certifying non-consent. ScanErase gives you the exposure report you need to know what to report and where.

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