WASHINGTON, D.C. — Today, U.S. Senator Shelley Moore Capito (R-W.Va.), and member of the Senate Commerce Committee, joined a group of senators – led by U.S. Senator Ted Cruz (R-Texas) – in introducing the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act to protect and empower victims of non-consensual intimate image abuse—also known as “revenge pornography.” The bill would criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII (or “deepfake pornography”), and require social media and similar websites to have in place procedures to remove such content upon notification from a victim.

In addition to Senators Capito and Cruz, the legislation is co-sponsored by Senators Amy Klobuchar (D-Minn.), Cynthia Lummis (R-Wyo.), Richard Blumenthal (D-Conn.), Jacky Rosen (D-Nev.), Ted Budd (R-N.C.), Laphonza Butler (D-Calif.), Todd Young (R-Ind.), Joe Manchin (I-W.Va.), John Hickenlooper (D-Colo.), Bill Cassidy (R-La.) and Martin Heinrich (N.M.).

“Social media platforms and those that distribute revenge porn need to be held accountable,” Senator Capito said. “Our bill will make sure that even computer-generated deep fakes will not be allowed to stay online. I am proud to stand with my colleagues to help stop this sickening practice that has become far too common.”

BACKGROUND:

While nearly every state has a law protecting people from NCII, including 20 states with laws explicitly covering deepfake NCII, these state laws vary in classification of crime and penalty and have uneven criminal prosecution. Further, victims struggle to have images depicting them removed from websites, increasing the likelihood the images are continuously spread and victims are retraumatized. 

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 would protect and empower victims of real and deepfake NCII while respecting speech by:

  • Criminalizing the publication of NCII in interstate commerce. The bill makes it unlawful for a person to knowingly publish NCII on social media and other online platforms. NCII is defined to include realistic, computer-generated pornographic images and videos that depict identifiable, real people. The bill also clarifies that a victim consenting to the creation of an authentic image does not mean that the victim has consented to its publication. 
  • Protecting good faith efforts to assist victims. The bill permits the good faith disclosure of NCII, such as to law enforcement, in narrow cases.  
  • Requiring websites to take down NCII upon notice from the victim. Social media and other websites would be required to have in place procedures to remove NCII, pursuant to a valid request from a victim, within 48 hours. Websites must also make reasonable efforts to remove copies of the images. The FTC is charged with enforcement of this section.  
  • Protecting lawful speech. The bill is narrowly tailored to criminalize knowingly publishing NCII without chilling lawful speech. The bill conforms to current first amendment jurisprudence by requiring that computer-generated NCII meet a “reasonable person” test for appearing to realistically depict an individual.  

The TAKE IT DOWN Act is supported by over three dozen organizations across the political spectrum, including: 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; National Association of Police Organizations (NAPO); National Collegiate Athletics Association (NCAA); Major League Baseball (MLB); U.S. Olympic & Paralympic Committee (USOPC); Becca Schmill Foundation; David’s Legacy Foundation; S.E.A.S.A.M.E. (Stop Educator Sexual Abuse, Misconduct, & Exploitation); National Decency Coalition; SWGfL (StopNCII.org); Talk More. Tech Less; National Organization for Women (NOW); Reclaim Coalition; Joyful Heart Foundation; Institute for Strategic Dialogue; Family Policy Alliance; Hope for Justice; Thistle Farms; Citizens for Decency; Stop Sexual Assault in Schools (SSAIS); 3Strands Global Foundation; Interparliamentary Taskforce on Human Trafficking; Street Grace; Enough Abuse; P@rn Free Colorado; National Children’s Alliance;  Institute for Family Studies; American Principles Project; National Association of Counties (NACo); and Bull Moose Project.

To read the organizations’ statements of support, click here. 

To read the bill text, click here. 

For a one-page summary of the TAKE IT DOWN Act, click here. 

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