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Tuesday, January 21, 2025

Bipartisan effort aims to combat non-consensual deepfake imagery

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Senator Todd Young, US Senator for Indiana | Official U.S. Senate headshot

Senator Todd Young, US Senator for Indiana | Official U.S. Senate headshot

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. It also mandates platforms to remove such images within 48 hours of 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 this bipartisan bill builds on existing federal law to protect Americans from harmful deepfakes and requires websites to take down explicit material.

Senator Cruz highlighted the urgency of addressing technological abuse: "There’s too many predators out there who are abusing new technologies like generative artificial intelligence to spread fake and exploitative sexual images online, particularly against young girls and teenagers." As Chairman of the Senate Commerce Committee, he considers it a priority to protect Americans from these acts.

Senator Klobuchar noted the importance of legal protections for victims: "We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent." She pointed out that deepfakes present new opportunities for abuse.

The TAKE IT DOWN Act previously passed both the Senate Commerce Committee and the Senate unanimously in its last session. 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 efforts for this bill.

While nearly every state has laws protecting individuals from non-consensual intimate imagery (NCII), these laws vary widely in terms of crime classification and penalties. Victims often face challenges in having such images removed from websites. The TAKE IT DOWN Act seeks to empower victims by providing a more practical solution than civil lawsuits, which can be costly and time-consuming.

The legislative text for further details is available online.

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