Jan 22, 2025
INDIANAPOLIS (WISH) — Sen. Todd Young (R-Ind.) on Tuesday reintroduced his “Take Down Act” legislation that would criminalize those who publish non-consensual, sexually exploitative images to the internet. The legislation, coauthored by Sen. Ted Cruz (R-Texas) and Sen. Amy Klobuchar (D-Minn.), will require any platform the content is posted on to remove the images within 48 hours of notice. This content includes deep fakes and “revenge porn” generated by artificial intelligence. “We are increasingly seeing instances where generative AI is used to create exploitative images of an individual based on a clothed image,” Young said in a Tuesday press release. “This bipartisan bill builds on existing federal law to protect Americans, particularly young women, from harmful deepfakes and establishes a requirement for websites to take down this type of explicit and disturbing material. This is a sensible step to protect Americans and establish appropriate guardrails.” Almost every state has at least one law protecting people from non-consensual intimate imagery, Young says. Thirty states have laws specifically covering sexual deepfakes, but states vary in the classification of the crime and penalties. The “Take Down Act” will make it unlawful for a person to knowingly publish NCII online and on social media platforms. It also clarifies that a victim consenting to the creation of an authentic image does not mean the victim consented to the picture’s publication. Senators Cruz and Klobuchar in the release state their agreement that Young’s “Take Down Act” is a “common-sense solution that empowers victims.” In many cases, victims have an uphill battle when trying to remove the images from websites. Removing them also increases the likelihood that the images will continue to spread online, retraumatizing the victims. Klobuchar said, “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. 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.” According to Young’s office, the bill has already received widespread support from over 100 organizations, including law enforcement, women’s advocacy groups, victim advocacy groups, and leaders in the tech industry. Two U.S. Representatives are leading efforts to get it passed in the House of Representatives: Maria Elvira Salazar (R-FL-27) and Madeleine Dean (D-PA-4). It was unclear when the act would be voted on. Read the full legislation below: TAKE-IT-DOWN-Act-119Download
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