In the digital age, the proliferation of non-consensual intimate imagery, also known as “revenge porn,” has become a disturbing trend that continues to plague individuals, especially women and young girls.
Fueled by the rapid advancements in generative artificial intelligence (AI), the emergence of “deepfake” technology has exacerbated this problem, enabling the creation of lifelike, yet fabricated, explicit content depicting real people without their consent.
Recognizing the urgent need to address this issue, Senator Ted Cruz (R-Texas) has spearheaded a bipartisan effort to introduce the groundbreaking “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act.”
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“In recent years, we’ve witnessed a stunning increase in exploitative sexual material online, largely due to bad actors taking advantage of newer technologies like generative artificial intelligence. Many women and girls are forever harmed by these crimes, having to live with being victimized again and again,” said Senator Cruz.
“While some states provide legal remedies for victims of non-consensual intimate imagery, states would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide. By creating a level playing field at the federal level and putting the responsibility on websites to have in place procedures to remove these images, our bill will protect and empower all victims of this heinous crime,” said Cruz.
The TAKE IT DOWN Act aims to tackle the escalating crisis of non-consensual intimate imagery, including AI-generated “deepfake” pornography, which has become a widespread and devastating problem.
Up to 95% of all internet deepfake videos depict non-consensual intimate imagery, with the vast majority targeting women and girls. This disturbing trend has had a profoundly traumatic impact on victims, who are forced to confront the perpetual spread of these images online, often leading to ongoing re-traumatization.
While many states have enacted laws to protect individuals from non-consensual intimate imagery, these laws vary in their classification of the crime and the associated penalties. Additionally, victims often struggle to have these images removed from websites, further exacerbating the problem.
The TAKE IT DOWN Act, introduced by Senator Cruz and co-sponsored by a bipartisan group of senators, aims to address these shortcomings and provide a more robust federal framework to protect victims. The key provisions of the Act include:
- Criminalizing the publication of NCII in interstate commerce. The bill makes it unlawful for a person to knowingly publish NCII on social media and other online platforms. NCII is defined to include realistic, computer-generated pornographic images and videos that depict identifiable, real people. The bill also clarifies that a victim consenting to the creation of an authentic image does not mean that the victim has consented to its publication.
- Protecting good faith efforts to assist victims. The bill permits the good faith disclosure of NCII, such as to law enforcement, in narrow cases.
- Requiring websites to take down NCII upon notice from the victim. Social media and other websites would be required to have in place procedures to remove NCII, pursuant to a valid request from a victim, within 48 hours. Websites must also make reasonable efforts to remove copies of the images. The FTC is charged with enforcement of this section.
- Protecting lawful speech. The bill is narrowly tailored to criminalize knowingly publishing NCII without chilling lawful speech. The bill conforms to current first amendment jurisprudence by requiring that computer-generated NCII meet a “reasonable person” test for appearing to realistically depict an individual.
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The TAKE IT DOWN Act has garnered support from a diverse coalition of over three dozen organizations across the political spectrum, including the National Center for Missing & Exploited Children (NCMEC), TechNet, the National Center on Sexual Exploitation (NCOSE), the Rape, Abuse, & Incest National Network (RAINN), and numerous advocacy groups, professional associations, and sports organizations.
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