WASHINGTON, D.C. — Today, Congressman August Pfluger (TX-11) joined Representatives María Elvira Salazar (FL-27), Madeleine Dean (PA-04), Vern Buchanan (FL-16), Debbie Dingell (MI-06), and Stacey Plaskett (VI) to reintroduce the bipartisan, bicameral Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act for the 119th Congress. Senators Ted Cruz (R-TX) and Amy Klobuchar (D-MN) introduced the Senate version of the bill.

If passed, the TAKE IT DOWN Act will protect victims of real and deepfake ‘revenge pornography' by criminalizing the publication of these harmful images, in addition to requiring websites to quickly remove them. The rising popularity of AI requires decisive federal legal protections that will empower victims of these heinous crimes, most of whom are women and girls.

“It is concerning to see the rise of deepfakes in the United States that destroy innocent individuals’ lives,” said Rep. Pfluger. “Congress must act swiftly to protect Americans and hold platforms accountable. 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.”

“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,” said Rep. Salazar. “The TAKE IT DOWN Act is Congress’ best shot to stop these offenders from hurting more people, protect victims, and hold online platforms accountable.”

“As AI becomes more ubiquitous in our lives, it is essential that we safeguard survivors of explicit deepfakes and non-consensual intimate imagery (NCII) that often devastate girls and women,” said Rep. Dean. “Whether their attackers used deepfake technology or a simple camera, victims deserve federal protection and the peace of mind that these images are removed from the Internet. I’m thankful to work with a bipartisan, bicameral group of lawmakers on a commonsense bill that will better protect Americans and meaningfully regulate AI.”

“I am deeply disturbed by the drastic increase in the sexual exploitation of children and nonconsenting adults, such as the rise of so-called ‘revenge porn’ and skyrocketing instances of sexual abuse,” said Rep. Buchanan. “While the rise in AI technology brings countless benefits, we must establish common-sense guardrails to protect against its most harmful potential uses. I am pleased to help introduce the TAKE IT DOWN Act to protect our children and am hopeful Congress will pass it with broad bipartisan support.”

“The increasing use of artificial intelligence to create and circulate deep fake pornography 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. This is a serious and growing issue I’m deeply concerned about,” 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.”

“It is imperative that federal policymakers and AI experts 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. “I’m thankful for the awareness and efforts of my colleagues on this issue and for the opportunity to co-lead this timely bill in order to provide relief for these victims. This bipartisan, bicameral legislation is a necessary and pragmatic approach that protects victims, holds websites accountable, and protects lawful speech.”

“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,” said Senator Cruz. “The TAKE IT DOWN Act is a common-sense solution that empowers victims of this heinous crime. As Chairman of the Senate Commerce Committee, it is one of my top priorities to protect Americans from this devious act and ensure Big Tech does not remain complicit.”

“We must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse,” said Senator Klobuchar. “This bipartisan legislation builds on my work to ensure that victims can have this material removed from social media platforms and law enforcement can hold perpetrators accountable.”

Background:

The TAKE IT DOWN Act solves the problem of inconsistent, or non-existent, legislation protecting victims of deepfake pornographic images at the state level. While nearly all states have laws protecting their citizens from revenge porn, only 20 states have explicit laws covering deepfake non-consensual intimate imagery (NCII). Among those states, there is a high degree of variance in classification of crime, penalty, and even criminal prosecution. Victims also struggle to have images depicting them removed from websites in a timely manner, potentially contributing to more spread and re-traumatization.

In 2022, Congress passed legislation creating a civil cause of action for victims to sue individuals responsible for publishing 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 TAKE IT DOWN Act is supported by over 100 different organizations and advocacy groups. A full list can be found here.

To read the full text of the legislation, click here.