Austin News

The bipartisan TAKE IT DOWN Act, spearheaded by U.S. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) and co-introduced with Sen. Amy Klobuchar (D-Minn.), has successfully passed the Commerce Committee unanimously. This legislation aims to criminalize the publication of non-consensual, sexually exploitative images, including AI-generated deepfakes, and mandates that platforms establish notice and takedown processes.

Upon the bill's passage through the committee, Sen. Cruz remarked: "Combating the scourge of revenge and deepfake exploitative sexual material online is an issue that cuts across partisan lines. Today’s unanimous committee vote in support of the TAKE IT DOWN Act is a crucial step toward protecting and empowering victims of this heinous crime. As bad actors continue to exploit newer technologies like generative artificial intelligence to victimize women and girls across the country, it is vital that Congress provide victims with pathways for the removal of and prosecution of the publication of these abusive images. The full House and Senate should swiftly pass this legislation so that it reaches the President’s desk before more victims are left without recourse."

The bill has garnered support from a diverse group of co-sponsors including Sens. 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 (D-N.Mex), John Barrasso (R-Wyo.), John Thune (R-S.D), Roger Wicker (R-Miss), Marco Rubio (R-Fla.) and Marsha Blackburn (R-Tenn.).

Currently, nearly every state has laws against non-consensual intimate imagery (NCII), with 29 states explicitly covering deepfake NCII. However, these laws vary in terms of crime classification and penalties, leading to inconsistent criminal prosecutions. Victims often face challenges in removing such images from websites, increasing their trauma as these images continue to spread.

In 2022, Congress enacted legislation allowing victims to sue individuals responsible for publishing NCII civilly. However, this approach can be impractical due to its time-consuming nature, high costs, and potential retraumatization during legal proceedings.

The TAKE IT DOWN Act aims to protect victims by:

1. Criminalizing the publication of NCII in interstate commerce.

2. Allowing good faith disclosures of NCII under specific circumstances.

3. Mandating websites remove NCII within 48 hours upon valid request from a victim.

4. Ensuring lawful speech is protected by narrowly tailoring provisions to avoid chilling effects on free expression.