TAKE IT DOWN Act will force Big Tech to remove explicit images and make publishing such images a federal crime
WASHINGTON, D.C. – Last month, U.S. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act to protect and empower victims of non-consensual intimate image abuse—also known as “revenge pornography.” The bill would criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII (or “deepfake pornography”), and require social media and similar websites to have in place procedures to remove such content upon notification from a victim.
Reps. Maria Elvira Salazar (R-Fla.) and Madeleine Dean (D-Pa.) today introduced companion legislation in the House. They were joined by co-sponsors Reps. August Pfluger (R-Texas), Stacey Plaskett (D-V.I.), Vern Buchanan (R-Fla.), and Debbie Dingell (D-Mich.)
“In recent years, we’ve witnessed a stunning increase in exploitative sexual material online, largely due to bad actors taking advantage of newer technologies like generative artificial intelligence. Many women and girls are forever harmed by these crimes, having to live with being victimized again and again,” said Senator Cruz. “While some states provide legal remedies for victims of non-consensual intimate imagery, states would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide. By creating a level playing field at the federal level and putting the responsibility on websites to have in place procedures to remove these images, our bill will protect and empower all victims of this heinous crime. I’m grateful to Reps. Salazar and Dean for leading this bipartisan effort in the House and look forward to working with all cosponsors to get this bill passed through both chambers.”
“The alarming rise of deepfakes is threatening to destroy innocent individuals’ and families’ lives,” said Rep. Salazar. “Non-consensual deepfake imagery is a cancer that can no longer go untreated. The TAKE IT DOWN Act is the best way to hold online platforms accountable and protect victims of these horrendous crimes.”
“Artificial Intelligence is rapidly evolving—our government must meet this moment with urgency, especially when addressing the dangers of explicit deepfakes and non-consensual intimate imagery (NCII) that often devastate girls and women,” said Rep. Dean. “We must defend victims—regardless of whether their attackers used deepfake technology or a simple camera—and ensure these images are removed from the Internet. I’m thankful to work with Congresswoman Salazar on this bipartisan legislation that will better protect victims and meaningfully regulate AI.”
Background
The internet is awash in NCII in large part from new generative artificial intelligence tools that can create lifelike, but fake, NCII depicting real people—also known as “deepfakes.” Disturbingly, this trend is increasingly affecting minors. A number of high-profile cases have involved young girls targeted by their classmates with deepfake NCII. Up to 95 percent of all internet deepfake videos depict NCII, with the vast majority targeting women and girls. The spread of these images—possibly in perpetuity if allowed to remain online—is having a profoundly traumatic impact on victims.
By requiring a notice and takedown process from websites that contain user generated content, including social media sites, the TAKE IT DOWN Act will ensure that, if the content is published online, victims are protected from being retraumatized again and again.
In the U.S. Senate, the TAKE IT DOWN Act is co-sponsored by Sens. Amy Klobuchar (D-Minn.), Cynthia Lummis (R-Wyo.), Richard Blumenthal (D-Conn.), Shelley Moore Capito (R-W.Va.) Jacky Rosen (D-Nev.), Ted Budd (R-N.C.), Laphonza Butler (D-Calif.), Todd Young (R-Ind.), Joe Manchin (I-W.Va.), John Hickenlooper (D-Colo.), Bill Cassidy (R-La.), Martin Heinrich (N. Mex.), John Barrasso (R-Wyo.), John Thune (R-S.D.), Roger Wicker (R-Miss.) and Marco Rubio (R-Fla.).
Last month, Sen. Cruz held a field hearing in Dallas, Texas, where victims of revenge and deepfake pornography shared powerful testimony and advocated for Congress to pass the TAKE IT DOWN Act. To watch the full field hearing, CLICK HERE.
The TAKE IT DOWN Act is supported by over 40 organizations. To read statements of support, click HERE.
For bill text, click HERE.
For a one-page summary of the TAKE IT DOWN Act, click HERE.
