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Wednesday, December 18, 2024

Senate passes bill targeting deepfake 'revenge porn' amid bipartisan support

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Senator Bill Cassidy | Sen. Bill Cassidy Official Website

Senator Bill Cassidy | Sen. Bill Cassidy Official Website

Legislation introduced by U.S. Senators Bill Cassidy, Ted Cruz, and Amy Klobuchar has unanimously passed the Senate. The bill, known as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act, aims to criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII, often referred to as "deepfake revenge pornography." The act requires social media and similar websites to remove such content within 48 hours upon receiving notice from a victim.

"The TAKE IT DOWN Act is a crucial step toward protecting victims of intimate image abuse, especially minors, in today’s digital world," stated Dr. Cassidy. Senator Cruz added that the legislation will provide victims with an opportunity for justice against those who publish abusive images and hold Big Tech accountable for removing these fake videos and pictures swiftly.

Senator Klobuchar emphasized the need for legal protections for victims when intimate images are shared without consent, particularly with the rise of deepfakes creating new opportunities for abuse.

The TAKE IT DOWN Act has garnered support from nearly 90 organizations, including victim advocacy groups, law enforcement agencies, and tech industry leaders. Companies such as Google, Microsoft, Meta, TikTok, Bumble, Match Group, IBM, TechNet, and others have expressed their backing for this bipartisan effort. RAINN (Rape, Abuse & Incest National Network) led a coalition of 23 additional groups advocating for the swift passage of this bill. The National Fraternal Order of Police also endorsed the legislation through a letter to Senate leadership.

In addition to support from organizations and companies, editorial boards from publications like the Seattle Times and Houston Chronicle have endorsed the TAKE IT DOWN Act.

The legislation was introduced alongside several other senators across party lines: 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), Joe Manchin (I-WV), John Hickenlooper (D-CO), Martin Heinrich (D-NM), John Barrasso (R-WY), John Thune (R-SD), Roger Wicker (R-MS), Marco Rubio (R-FL), Marsha Blackburn (R-TN), Gary Peters (D-MI), Raphael Warnock (D-GA), and Cory Booker (D-NJ).

Companion legislation has been introduced in the House by U.S. Representatives Maria Elvira Salazar and Madeleine Dean.

Currently, state laws on NCII vary significantly in crime classification and penalties. Victims often face challenges in having images removed from websites due to inconsistent state laws or difficulty identifying responsible parties. Although Congress previously created a civil cause of action for victims in 2022 to sue individuals responsible for publishing NCII images or videos online or elsewhere publicly without consent — it remains impractical due to time constraints associated with pursuing such cases along with financial burdens that could potentially force them into reliving traumatic experiences all over again while trying figure out who exactly published said material originally which only further exacerbates problem at hand even more so than before thus making current situation worse overall compared previous years gone past until now...

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