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Tuesday, November 5, 2024

Bipartisan effort to protect teens from deepfake 'revenge porn' blocked in Senate

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Maria Cantwell - Chair of the Senate Committee on Commerce, Science, and Transportation | Official U.S. Senate headshot

Maria Cantwell - Chair of the Senate Committee on Commerce, Science, and Transportation | Official U.S. Senate headshot

Senator Ted Cruz's bipartisan effort to pass the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act faced an unexpected hurdle when Senator Cory Booker objected without providing a reason. The bill, co-sponsored by Senator Amy Klobuchar, aims to criminalize the publication of non-consensual, sexually exploitative images, including AI-generated deepfakes. It also mandates social media platforms to implement notice and takedown processes.

The TAKE IT DOWN Act has garnered support from tech industry leaders, law enforcement, victim advocacy groups, and over 80 organizations. It previously passed the Commerce Committee unanimously. Despite this broad backing, Senator Booker's objection halted its progress.

Before the objection, Senator Cruz emphasized that "the Take It Down Act deliberately adopted the exact same language the Senator from New Jersey requested in the SHIELD Act." He added that "it cannot be that the Senator from New Jersey is concerned about free speech matters since he has already agreed to pass two bills that deal with this very same issue using the same language."

Cruz further argued that "the only differences between the two bills are that Take It Down criminalizes the publication of deepfake revenge porn...and requires Big Tech companies to remove these heinous images upon notice from victims."

Victim advocates Francesca Mani of New Jersey and Elliston Berry of Texas expressed their disappointment following Booker's objection. Mani stated, "No woman or child should endure the experience I faced at 14...Unfortunately, tonight, by blocking the TAKE IT DOWN Act, my elected official...failed me and my fellow victims." Berry shared similar sentiments: "Without the TAKE IT DOWN Act becoming law...victims like me are left without protection while those behind this malicious act face no consequences."

In June, Cruz held a field hearing in Dallas where both Mani and Berry testified alongside other victims of revenge and deepfake pornography. They urged Congress to pass the TAKE IT DOWN Act.

Cruz concluded his remarks on a personal note: "On behalf of Elliston Berry, on behalf of Francesca Mani...on behalf of countless teenagers and others who have been victimized by real and by deepfake explicit images...I urge my colleagues to come together with a simple, bipartisan common sense step and pass the TAKE IT DOWN Act."

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