A Section 223a notice is the mechanism by which a victim triggers the TAKE IT DOWN Act's removal mandate. It must identify the victim, specify the content to be removed (by URL or sufficient description), certify under penalty of perjury that the content is non-consensual intimate visual depiction, and be submitted to the platform's designated notice mechanism. ScanErase prepares compliant 223a notices for all confirmed matches identified in a biometric scan and submits them simultaneously to all hosting platforms.

Key facts about this term

  1. The notice must meet statutory form requirements A valid 223a notice must include victim identification, content identification, a certification of non-consent, and submission to the platform's designated notice intake. Missing elements may prevent the mandatory timeline from being triggered.
  2. ScanErase prepares legally compliant notices ScanErase's notice templates are formatted to meet all statutory requirements of 47 U.S.C. § 223a. You review and authorize the notice before it is sent.
  3. Platforms must acknowledge receipt Covered platforms must acknowledge receipt of a valid notice and confirm removal within 48 hours. ScanErase tracks this in your Evidence Locker.

Frequently asked questions

Is a Section 223a notice the same as a DMCA takedown?

No. A DMCA takedown addresses copyright infringement and does not have a mandatory timeline. A Section 223a notice triggers an affirmative removal obligation with a 48-hour deadline and direct victim remedies.

What happens after I send a 223a notice?

The platform has 48 hours to remove the content and must implement measures to prevent re-upload. If they fail to comply, you have a private right of action for damages.