Austin News

The U.S. Senate has unanimously passed the TAKE IT DOWN Act, a bipartisan bill introduced by Senators Ted Cruz (R-Texas) and Amy Klobuchar (D-Minn.). The legislation aims to criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated deepfake content, commonly referred to as "revenge porn." It mandates that social media platforms and similar websites must remove such content within 48 hours upon receiving notice from victims.

Senator Cruz emphasized the importance of this legislation following testimonies from victims who have experienced AI-deepfake "revenge porn." He stated, “Passage of our bipartisan TAKE IT DOWN Act will give innocent victims — many of whom are teenage girls —the opportunity to seek justice against deviants who publish these abusive images.”

Senator Klobuchar highlighted the necessity for legal protections for victims whose intimate images are shared without consent. She remarked, “This bipartisan legislation builds on my work to ensure that victims can have this material removed from social media platforms and will ensure law enforcement can hold perpetrators accountable.”

The bill has garnered support from nearly 90 organizations, including victim advocacy groups, law enforcement agencies, and tech industry leaders. Notable supporters include Google, Microsoft, Meta, TikTok, Bumble, Match Group, IBM, TechNet, the U.S. Chamber of Commerce, and Internet Works. RAINN spearheaded a letter with 23 other groups urging swift passage of the bill.

Companion legislation has been introduced in the House by Representatives Maria Elvira Salazar (R-Fla.) and Madeleine Dean (D-Pa.). While most states have laws against NCII, they vary significantly in classification and penalties. The federal TAKE IT DOWN Act seeks to address these inconsistencies by providing a unified legal framework.

In addition to criminalizing NCII publication across state lines, the act includes provisions for good faith disclosures to law enforcement and requires online platforms to promptly remove reported content. It also protects lawful speech by ensuring compliance with First Amendment standards.

Last year’s congressional efforts established a civil cause for action against NCII publishers but were criticized for being time-consuming and costly for victims. This new legislative measure aims to provide more practical recourse.