WASHINGTON, D.C. Rep. August Pfluger (TX-11) on Friday introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act alongside Representatives Maria Elvira Salazar (FL-27), Madeleine Dean (PA-04), Vern Buchanan (FL-16), Stacey Plaskett (Del.-VI), and Debbie Dingell (MI-04). This bill protects victims of real and deepfake ‘revenge pornography,’ a crime that is unfortunately having an increasing impact on our nation’s youth.
The TAKE IT DOWN Act criminalizes the publication of these harmful images and requires websites to quickly remove them.
“There is an urgent need for Congress to act by putting protections in place for victims of exploitative deep fakes and levying consequences on those creating and facilitating this sickening practice,” Pfluger said in a news release. “As a father to three young girls, I am proud to join this bipartisan bicameral effort to prevent explicit material from circulating and harming innocent victims.”
In 2022, Congress passed legislation creating a civil cause of action for victims to sue individuals responsible for publishing non-consensual intimate imagery (NCII). However, bringing a civil action can be incredibly impractical. It is time-consuming, expensive, and may force victims to relive trauma. Further exacerbating the problem, it is not always clear who is responsible for publishing the NCII.
The TAKE IT Down Act addresses these issues while protecting lawful speech by:
- Criminalizing the publication of NCII or the threat to publish NCII in interstate commerce;
- Protecting good faith efforts to assist victims by permitting the good faith disclosure of NCII for the purpose of law enforcement or medical treatment;
- Requiring websites to take down NCII upon notice from the victims within 48 hours; and
- Requiring that computer-generated NCII meet a ‘reasonable person’ test for appearing to realistically depict an individual, so as to conform to current First Amendment jurisprudence.
“The alarming rise of deepfakes is threatening to destroy innocent individuals’ and families’ lives,” said Rep. Salazar. “Non-consensual deepfake imagery is a cancer that can no longer go untreated. The TAKE IT DOWN Act is the best way to hold online platforms accountable and protect victims of these horrendous crimes.”
“Artificial Intelligence is rapidly evolving—our government must meet this moment with urgency, especially when addressing the dangers of explicit deepfakes and non-consensual intimate imagery (NCII) that often devastate girls and women,” said Rep. Dean. “We must defend victims—regardless of whether their attackers used deepfake technology or a simple camera—and ensure these images are removed from the Internet. I’m thankful to work with Congresswoman Salazar on this bipartisan legislation that will better protect victims and meaningfully regulate AI.”
“If there’s one thing everyone can agree on, it’s the need to protect our vulnerable children and grandchildren,” said Rep. Buchanan. “While the rise in artificial intelligence (AI) brings countless potential benefits, I am deeply disturbed by the rise of so-called ‘revenge porn’ and explicit AI-generated images of young girls circulating on social media. I’m pleased to help introduce this legislation with Congresswoman Salazar and Congresswoman Dean and am hopeful Congress will pass this common sense legislation with broad bipartisan support.”
“Federal policymakers and AI experts must continue to expose and address the dangers of explicit deepfakes and non-consensual intimate imagery (NCII) that profoundly impact women and girls,” said Rep. Plaskett. “This bipartisan legislation is a necessary and pragmatic approach that protects victims, holds websites accountable, and protects lawful speech. I’m thankful for the opportunity to co-lead this timely bill and provide relief for these victims.”
“I’m very concerned about the increasing use of artificial intelligence to create and circulate deep fake pornography, which threatens the mental and emotional health and financial security of its victims, primarily women. Perpetrators have used deep fake pornography as a tool to harass, humiliate, and intimidate women online, often in response to them speaking out or advocating for themselves,” said Rep. Dingell. “The TAKE IT DOWN Act provides a critical remedy for victims to ensure these images are removed and that perpetrators are held accountable. As new technology emerges, so too does the potential for new forms of abuse, and we must act swiftly to protect women from tech-facilitated abuse.”
Sens. Ted Cruz (R-TX), Amy Klobuchar (D-MN), Shelley Moore Capito (R-WV), Richard Blumenthal (D-CT), Cynthia Lummis (R-WY), Jacky Rosen (D-NV), Ted Budd (R-NC), Laphonza Butler (D-CA), Todd Young (R-IN), Joe Manchin (I-WV), John Hickenlooper (D-CO), Bill Cassidy (R-LA), Martin Heinrich (D-NM), John Barrasso (R-WY), John Thune (R-SD), and Roger Wicker (R-MS) introduced the Senate companion bill.
Read the full bill here.
