The bipartisan, bicameral TAKE IT DOWN Act has successfully moved through Congress and now awaits the signature of President Donald Trump. The legislation, introduced by Senator Ted Cruz of Texas and co-led by Senator Amy Klobuchar of Minnesota, aims to criminalize the spread of non-consensual intimate imagery (NCII), including AI-generated “deepfake revenge pornography.”
The bill, which passed the House with a 409-2 vote, previously received unanimous approval in the Senate. Social media and similar platforms will be required to implement procedures to remove NCII content within 48 hours of a victim’s notice.
A companion bill in the House was introduced by Representatives Maria Elvira Salazar and Madeleine Dean. This legislative effort has garnered support from public interest groups and technology companies such as Snapchat and Meta. Sunny Gandhi, vice president of political affairs at Encode, noted the significant effort by Cruz’s office to gain support for the bill.
The TAKE IT DOWN Act is seen as an important step in regulating internet content. It follows the 2018 legislation aimed at combating online sex trafficking. The bill has received widespread bipartisan support along with endorsement from First Lady Melania Trump. During his State of the Union address, President Trump highlighted the bill’s importance and expressed eagerness to sign it into law.
The new law aims to protect victims by criminalizing the knowing publication of NCII and requires swift action from platforms once notified by victims. It also provides provisions for the good faith disclosure of NCII to law enforcement.
The legislation emphasizes the protection of victims while considering free speech, ensuring that only explicit content indistinguishable from authentic images is affected.
Beyond Congress, over 120 organizations, including major tech companies and advocacy groups, have voiced their support for this legislative initiative. The Act seeks to provide victims a legal avenue for action without the challenges and trauma associated with civil lawsuits.
Elliston Berry, cited by Senator Cruz, symbolizes the real-world impact of this legislation. Her case sheds light on the challenges victims face and the urgent need for legal recourse.
###
