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Sunday, January 26, 2025

Salazar reintroduces bipartisan TAKE IT DOWN Act targeting revenge porn

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María Elvira Salazar U.S. House of Representatives from Florida's 27th district | Official U.S. House Headshot

María Elvira Salazar U.S. House of Representatives from Florida's 27th district | Official U.S. House Headshot

Rep. María Elvira Salazar (R-FL) has reintroduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act for the 119th Congress. This initiative is backed by Reps. Madeleine Dean (D-PA), Vern Buchanan (R-FL), Debbie Dingell (D-MI), August Pfluger (R-TX), and Stacey Plaskett (D-VI). Senators Ted Cruz (R-TX) and Amy Klobuchar (D-MN) have introduced a corresponding bill in the Senate.

The legislation aims to protect victims of real and deepfake 'revenge pornography' by criminalizing the publication of these images and mandating their prompt removal from websites. The bill addresses the growing misuse of artificial intelligence, which has led to increased cases of non-consensual intimate imagery, particularly affecting women and girls.

Rep. Salazar emphasized, “While artificial intelligence is paving the way for a golden age of prosperity for all Americans, bad actors are abusing it to extort innocent people with unauthorized deepfake porn.” Senator Cruz added that the act provides a "common-sense solution" to empower victims against such crimes.

Currently, only 20 states have explicit laws covering deepfake non-consensual intimate imagery. The TAKE IT DOWN Act seeks to standardize protections at the federal level, as existing state laws vary significantly in terms of crime classification and penalties.

The legislation proposes several measures: criminalizing the publication or threat of publishing NCII in interstate commerce; allowing good faith disclosure for law enforcement or medical treatment; requiring websites to remove NCII within 48 hours upon victim notification; and ensuring computer-generated NCII meets a ‘reasonable person’ test under First Amendment standards.

Rep. Dean highlighted the need for federal protection as AI becomes more prevalent: “Whether their attackers used deepfake technology or a simple camera, victims deserve federal protection." Rep. Buchanan stressed establishing "common-sense guardrails" against harmful uses of AI technology.

Rep. Dingell expressed concern over deep fake pornography's impact on women's mental health: “Perpetrators have used deep fake pornography as a tool to harass, humiliate, and intimidate women online.” Rep. Pfluger called for swift congressional action to hold platforms accountable.

Senator Klobuchar underscored providing legal protections for victims when intimate images are shared without consent: “This bipartisan legislation builds on my work to ensure that victims can have this material removed.”

The TAKE IT DOWN Act has garnered support from over 100 organizations and advocacy groups nationwide.

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