Indy Standard

U.S. Senators Todd Young, Ted Cruz, and Amy Klobuchar have reintroduced the TAKE IT DOWN Act. This legislation aims to criminalize the publication of non-consensual, sexually exploitative images, including AI-generated deepfakes. The bill also mandates platforms to remove such images within 48 hours upon receiving notice.

Senator Young stated, "We are increasingly seeing instances where generative AI is used to create exploitative images of an individual based on a clothed image." He emphasized that the bipartisan bill builds on existing federal law to protect Americans from harmful deepfakes and requires websites to take down explicit material.

Senator Cruz remarked, "There’s too many predators out there who are abusing new technologies like generative artificial intelligence to spread fake and exploitative sexual images online." He highlighted the importance of the TAKE IT DOWN Act as a solution that empowers victims and ensures Big Tech does not remain complicit.

Senator Klobuchar added, "We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent." She noted that this bipartisan legislation helps ensure that victims can have such material removed from social media platforms.

The TAKE IT DOWN Act had previously passed both the Senate Commerce Committee and the Senate unanimously during the last session of Congress. It has garnered support from over 100 organizations, including victim advocacy groups and tech industry leaders.

In the House of Representatives, U.S. Representatives Maria Elvira Salazar and Madeleine Dean are spearheading this effort.

Despite nearly every state having laws against non-consensual intimate imagery (NCII), these laws vary significantly in terms of crime classification and penalties. Victims often face challenges in removing such images from websites, leading to further trauma.

In 2022, Congress enacted legislation allowing victims to sue individuals responsible for publishing NCII. However, civil actions can be time-consuming and costly for victims who may need to relive their trauma. Identifying those responsible for publishing NCII remains difficult.

The TAKE IT DOWN Act seeks to protect victims while respecting free speech rights by addressing these issues effectively.