Would Prevent Real and Enhanced Media in a Sexual Nature from Being Posted without One’s Consent
By Hank Russell
By a 409-2 vote, the U.S. House of Representatives recently passed a bill by U.S. Senator Ted Cruz (R-Texas) that would punish those who knowingly upload photos or videos of those in intimate relations without one of the parties’ consent.
The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act (TAKE IT DOWN Act) would prohibit the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and require certain online platforms to promptly remove such depictions upon receiving notice of their existence.
Specifically, the bill prohibits the online publication of intimate visual depictions of:an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.
Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both. Threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties.
Separately, covered platforms must establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction including the subject that was published without the subject’s consent. Covered platforms must remove such depictions within 48 hours of notification. Under the bill, covered platforms are defined as public websites, online services, or applications that primarily provide a forum for user-generated content.
An identical bill is in the House of Representatives. That version is introduced by Maria Elvira Salazar (R-Florida). Nick LaLota (R-Rocky Point) and Tom Suozzi (D-Glen Cove) signed on as cosponsors.
“As a father raising three daughters in an increasingly digital world, I’m alarmed by the rise of AI-generated explicit content and the exploitation of innocent people online,” said LaLota. “The TAKE IT DOWN Act is a critical step to hold bad actors accountable and ensure that social media and web platforms aren’t complicit in the spread of digitally forged, graphic images. This bill updates outdated laws and gives victims — especially minors — the tools they need to fight back. I fully support the TAKE IT DOWN Act, and am proud to support its House companion because no one should have their likeness twisted and weaponized against them.”