Austin News

The Senate has passed the TAKE IT DOWN Act, a bipartisan bill introduced by U.S. Senate Commerce Committee Chairman Ted Cruz and Senator Amy Klobuchar. This legislation aims to criminalize the distribution of non-consensual intimate imagery (NCII), including AI-generated deepfake pornography. The act mandates that social media platforms remove such content within 48 hours upon receiving notice from victims.

The bill successfully passed through both the Commerce Committee and the full Senate during the 118th Congress. For the current session, Representatives Maria Elvira Salazar and Madeleine Dean have reintroduced companion legislation in the House. The TAKE IT DOWN Act has garnered support from over 100 organizations, spanning victim advocacy groups, law enforcement agencies, and tech industry leaders.

Senator Cruz stated: “The TAKE IT DOWN Act gives victims of revenge and deepfake pornography—many of whom are young girls—the ability to fight back. Under our bipartisan bill, those who knowingly spread this vile material will face criminal charges, and Big Tech companies must remove exploitative content without delay.” He emphasized that it is now up to the House to pass the bill.

Senator Klobuchar highlighted: “We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse.” She urged for swift passage by the House and signing into law by the President.

The bill's co-sponsors include Senators Shelley Moore Capito, Richard Blumenthal, Bill Cassidy, Cory Booker, John Barrasso, Jacky Rosen, Cynthia Lummis, John Hickenlooper, Ted Budd, Marsha Blackburn, Roger Wicker, Todd Young, John Curtis, Tim Sheehy, Raphael Warnock, Martin Heinrich, Gary Peters, Adam Schiff, Catherine Cortez Masto, and Jeanne Shaheen.

Despite existing state laws against NCII across nearly all states—with 30 states specifically addressing sexual deepfakes—there is inconsistency in crime classification and prosecution efforts. Victims often face challenges in removing images from websites due to varied state regulations.

Previously enacted legislation allowed civil lawsuits against individuals responsible for publishing NCII; however, such actions can be costly and traumatic for victims. The TAKE IT DOWN Act seeks to address these issues by:

- Criminalizing NCII publication in interstate commerce.

- Allowing good faith disclosures to law enforcement.

- Requiring rapid removal of NCII from online platforms.

- Protecting lawful speech under First Amendment standards.

For further details on the bill text: click HERE.