Central Louisiana News

U.S. Senators Bill Cassidy (R-LA), Ted Cruz (R-TX), and 11 colleagues have introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act, aimed at protecting victims of non-consensual intimate image abuse, commonly referred to as "revenge pornography." The proposed legislation seeks to criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII or "deepfake pornography," and mandates that social media platforms and similar websites implement procedures for removing such content upon notification from a victim.

The proliferation of NCII has been significantly driven by generative artificial intelligence tools capable of creating lifelike but fake images depicting real individuals. This trend has increasingly impacted minors, with several high-profile cases involving young girls targeted by their peers using deepfake NCII. Studies indicate that up to 95 percent of all internet deepfake videos depict NCII, predominantly targeting women and girls. The enduring presence of these images online can cause profound trauma to victims.

The TAKE IT DOWN Act aims to mitigate this issue by requiring websites hosting user-generated content, including social media sites, to establish a notice-and-takedown process. This would help protect victims from repeated retraumatization if such content is published online.

"Artificial Intelligence has great potential for good, but bad actors are able to misuse it to cause harm," stated Dr. Cassidy. "The TAKE IT DOWN Act is a commitment to protect victims of intimate image abuse, especially minors in today’s digital age."

Senator Cruz added, "In recent years, we’ve witnessed a stunning increase in exploitative sexual material online, largely due to bad actors taking advantage of newer technologies like generative artificial intelligence. Many women and girls are forever harmed by these crimes, having to live with being victimized again and again."

Cruz emphasized the need for a uniform federal statute: "While some states provide legal remedies for victims of non-consensual intimate imagery, states would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide."

The bill is co-sponsored by U.S. Senators Amy Klobuchar (D-MN), Cynthia Lummis (R-WY), Richard Blumenthal (D-CT), Shelley Moore Capito (R-WV), Jacky Rosen (D-NV), Ted Budd (R-NC), Laphonza Butler (D-CA), Todd Young (R-IN), John Hickenlooper (D-CO), Joe Manchin (I-WV), and Martin Heinrich (D-NM).

The TAKE IT DOWN Act has garnered support from over three dozen organizations across the political spectrum, including the National Center for Missing & Exploited Children (NCMEC); TechNet; National Center on Sexual Exploitation (NCOSE); Rape, Abuse & Incest National Network (RAINN); SAG-AFTRA; Public Citizen; IBM; Center for American Progress; American Psychological Association; American College of Pediatricians; National Association of Chiefs of Police; Major League Baseball (MLB); U.S. Olympic & Paralympic Committee (USOPC); among others.

Although nearly every state has laws protecting individuals from NCII—with 20 states explicitly covering deepfake NCII—these laws vary in crime classification and penalties and often result in uneven criminal prosecution. Victims frequently face challenges in getting images removed from websites, increasing the likelihood that these images will continue spreading and causing further trauma.

In 2022, Congress passed legislation allowing victims to sue individuals responsible for publishing NCII through civil action. However, this process can be impractical due to its time-consuming nature and associated costs while potentially forcing victims to relive their trauma.