Austin News

WASHINGTON, D.C. – 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 procedures in place 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 (N.M.).

The internet is awash in NCII largely due to new generative artificial intelligence tools that can create lifelike but fake NCII depicting real people—also known as “deepfakes.” This trend increasingly affects minors, with several high-profile cases involving 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 aims to ensure that if the content is published online, victims are protected from being retraumatized repeatedly.

“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 procedures in place 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 for 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 while allowing 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 evolving, we have a responsibility in Congress to combat threats growing alongside it, which includes holding individuals accountable for non-consensual intimate images they post online. I encourage all my colleagues support this commonsense legislation; as Chairman of the Senate Armed Services Cybersecurity Subcommittee, I will continue working promoting online safety for all West Virginians Americans.”

“The shocking growth in online sexual exploitation blackmailing requires national response,” said Senator Budd. “The Take it Down Act builds on existing federal law accounts for growth technologies making easier create fake images establishes requirement websites respond victims take down explicit material proud join colleagues bipartisan effort protect Americans growing crime bring those perpetrate justice.”

“We are increasingly seeing instances where generative AI is used create exploitative images individual based clothed image,” said Senator Young.“This bipartisan bill builds existing federal law protect Americans particularly young women harmful deepfakes establishes requirement websites take down type explicit disturbing material sensible step protect Americans establish appropriate guardrails.”

While nearly every state has laws protecting people from NCII—including 20 states with laws explicitly covering deepfake NCII—these state laws vary in classification of crime penalty uneven criminal prosecution further victims struggle have images depicting them removed from websites increasing likelihood continuously spread retraumatized.

In 2022 Congress passed legislation creating civil cause action victims sue individuals responsible publishing NCII however bringing civil action incredibly impractical time-consuming expensive may force relive trauma exacerbating problem always clear responsible publishing NCII.

The TAKE IT DOWN Act would protect empower victims real deepfake NCII while respecting speech by:

Criminalizing publication NCII interstate commerce bill makes unlawful person knowingly publish social media other online platforms defined include realistic computer-generated pornographic images videos depict identifiable real people clarifies victim consenting creation authentic image does mean consented publication

Protecting good faith efforts assist permits disclosure such law enforcement narrow cases

Requiring websites take down notice victim required procedures pursuant valid request within 48 hours must reasonable efforts remove copies FTC charged enforcement section

Protecting lawful speech narrowly tailored criminalize knowingly without chilling conforms current first amendment jurisprudence requiring computer-generated meet reasonable person test appearing realistically depict individual

The TAKE IT DOWN Act supported over three dozen organizations across political spectrum including National Center Missing Exploited Children NCMEC TechNet National Center Sexual Exploitation NCOSE Rape Abuse Incest National 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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