North Miami-Dade News

WASHINGTON, D.C. – Today, Reps. María Elvira Salazar (R-FL), Madeleine Dean (D-PA), August Pfluger (R-TX), Stacey Plaskett (D-VI), Vern Buchanan (R-FL), and Debbie Dingell (D-MI) introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act. This bill aims to protect victims of real and deepfake ‘revenge pornography,’ a crime increasingly impacting the nation’s youth.

While artificial intelligence (AI) offers numerous societal benefits, it has also been exploited for harmful purposes. The rise in non-consensual intimate imagery (NCII), or ‘revenge porn,’ following AI's growing popularity necessitates robust legal protections for victims, predominantly women and girls.

The TAKE IT DOWN Act criminalizes the publication of these harmful images and mandates their swift removal from websites.

“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.”

This legislation addresses inconsistencies in state laws regarding protection against deepfake pornographic images. While most states have laws against revenge porn, only 20 states explicitly cover deepfake NCII with varying degrees of classification, penalty, and prosecution. Victims often face challenges in timely removal of such images from websites, leading to further spread and retraumatization.

In 2022, Congress passed legislation allowing victims to sue those responsible for publishing NCII; however, this civil action process can be impractical due to its time-consuming and costly nature.

The TAKE IT DOWN Act seeks to address these issues while safeguarding lawful speech by:

- Criminalizing the publication or threat to publish NCII in interstate commerce;

- Protecting good faith efforts to assist victims through disclosure for law enforcement or medical treatment;

- Requiring websites to remove NCII within 48 hours upon victim notification;

- Ensuring computer-generated NCII meets a ‘reasonable person’ test for realistic depiction under First Amendment jurisprudence.

“Artificial Intelligence is rapidly evolving—our government must meet this moment with urgency,” 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.”

Senator Cruz noted the increase in exploitative sexual material online due to new technologies like generative AI: “States would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide.”

Rep. Pfluger emphasized the need for urgent congressional action: “As a father to three young girls, I am proud to join this bipartisan bicameral effort.”

Rep. Plaskett highlighted the importance of exposing dangers associated with explicit deepfakes: “This bipartisan legislation is a necessary approach that protects victims while holding websites accountable.”

Rep. Buchanan expressed his concern over AI-generated explicit images circulating on social media: “I’m hopeful Congress will pass this common-sense legislation with broad bipartisan support.”

Rep. Dingell stressed the mental health impact on women victimized by deep fake pornography: “The TAKE IT DOWN Act provides a critical remedy for victims.”

Senators 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.

The TAKE IT DOWN Act has garnered support from over three dozen organizations across various sectors including National Center for Missing & Exploited Children; TechNet; Rape, Abuse & Incest National Network; IBM; American Psychological Association; Major League Baseball; U.S Olympic & Paralympic Committee among others.

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