Austin News

Bipartisan legislation would require social media sites to take down such explicit imagery and make publishing it a federal crime

WASHINGTON, D.C. – U.S. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) today 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. The legislation 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.) and Martin Heinrich (D-N.Mex.).

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 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.”

“Social media platforms and those that distribute revenge porn need to be held accountable,” Senator Capito said. “Our bill will make sure that even computer-generated deep fakes will not be allowed to stay online. I am proud to stand with my colleagues to help stop this sickening practice that has become far too common.”

“As artificial intelligence continues to grow and become more prevalent in daily life, we must prevent it from being used to produce non-consensual intimate images,” said Senator Rosen. “I’m helping introduce this bipartisan legislation to make it a crime to publicize these types of harmful images and videos, and establish guardrails to protect victims and hold online platforms accountable.”

“Artificial intelligence is the future and provides an infinite amount of possibilities of how this new technology can be used to improve lives around not only in this country but across the entire globe. With any new industry comes the need to ensure it is not being used by bad actors, and AI is no different,” said Senator Lummis. “I am proud to join my colleagues in introducing legislation to protect people against malicious and dangerous deepfakes that also allows innovation to continue in the United States.”

“I’m proud to join my bipartisan colleagues in introducing the TAKE IT DOWN Act to protect Americans, especially young women and girls, from the disturbing trend of ‘deepfakes’ on the Internet,” said Senator Manchin. “As artificial intelligence continues to evolve, we have a responsibility in Congress to combat the threats that grow alongside it, which includes holding individuals accountable for non-consensual intimate images they post online. I encourage all my colleagues to support this commonsense legislation; as Chairman of the Senate Armed Services Cybersecurity Subcommittee I will continue working for online safety for all West Virginians and Americans.”

“The shocking growth in online sexual exploitation requires a national response,” said Senator Budd. “The Take it Down Act builds on existing federal law accounts for technologies' growth making it easier creating fake images establishing requirements for websites responding taking down explicit material proudly joining colleagues bipartisan effort protecting Americans growing crime bringing perpetrators justice.”

“We are increasingly seeing instances where generative AI creates exploitative images based on clothed ones,” said Senator Young. “This bipartisan bill builds on existing federal law protecting Americans particularly young women harmful deepfakes establishing requirements websites taking down explicit disturbing material sensible step protecting Americans establishing appropriate guardrails.”

While nearly every state has laws protecting people from NCII—including 20 states explicitly covering deepfake NCII—these laws vary widely regarding classification of crime penalties uneven criminal prosecution Further victims struggle removing depictions increasing likelihood continuously spread retraumatizing

In 2022 Congress passed legislation creating civil cause action suing responsible publishing NCII However civil action impractical time-consuming expensive forcing reliving trauma exacerbating problem unclear responsible publishing

The TAKE IT DOWN Act protects empowers respecting speech:

Criminalizing publication interstate commerce Unlawful knowingly publish social media other platforms realistic computer-generated pornographic identifiable real people clarifies consenting creation authentic image doesn't mean consented publication

Protecting good faith efforts assisting Good faith disclosure law enforcement narrow cases

Requiring websites takedown upon notice Social media other required procedures removing valid request within 48 hours reasonable efforts removing copies FTC charged enforcement

Protecting lawful Narrowly tailored criminalizing knowingly publishing without chilling lawful conforms current first amendment jurisprudence requiring computer-generated meet reasonable person test realistically depicting individual

Supported over three dozen organizations political spectrum including National Center Missing Exploited Children NCMEC TechNet National Center Sexual Exploitation NCOSE Rape Abuse Incest Network RAINN SAG-AFTRA Public Citizen IBM Center American Progress American Psychological Association American College Pediatricians National Association Chiefs Police National Association Police Organizations NAPO National Collegiate Athletics Association NCAA Major League Baseball MLB U.S Olympic Paralympic Committee USOPC Becca Schmill Foundation David’s Legacy Foundation S.E.A.S.A.M.E Stop Educator Sexual Abuse Misconduct Exploitation National Decency Coalition SWGfL StopNCII.org Talk More Tech Less National Organization Women NOW Reclaim Coalition Joyful Heart Foundation Institute Strategic Dialogue Family Policy Alliance Hope Justice Thistle Farms Citizens Decency Stop Sexual Assault Schools SSAIS 3Strands Global Foundation Interparliamentary Taskforce Human Trafficking Street Grace Enough Abuse P@rn Free Colorado National Children’s Alliance Institute Family Studies American Principles Project National Association Counties NACo Bull Moose Project

To read organizations’ statements support click HERE

To read bill text click HERE

For one-page summary click HERE

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