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The US is looking to introduce new legislation that would make the non-consensual publication of AI deepfakes of a sexual nature illegal.
The US Senate unanimously passed the TAKE IT DOWN Act, which would make non-consensual intimate imagery (NCII) illegal to post without consent, including AI-generated NCII, commonly referred to as “deepfake revenge pornography”.
The act, which was proposed by US Senate commerce committee ranking member Ted Cruz alongside Senator Amy Klobuchar, will place the onus of responsibility on social media giants to take down any NCII within 48 hours of a victim report.
“Over the past several months, courageous victims of AI-deepfake ‘revenge porn’ have shared their stories to raise awareness and inform lawmakers’ efforts to stop this despicable behaviour,” said Cruz.
“Passage of our bipartisan TAKE IT DOWN Act will give innocent victims – many of whom are teenage girls – the opportunity to seek justice against deviants who publish these abusive images. It will also hold big tech accountable by making sure websites remove these disgusting fake videos and pictures immediately.
“For young victims and their parents, these deepfakes are a matter requiring urgent attention and protection in law. I will continue to work with my colleagues in Washington to move this common-sense, bipartisan legislation quickly through the House and to the President’s desk so it can be signed into law.”
In the Senate, we unanimously passed the TAKE IT DOWN Act — a law that will require social media companies and similar websites to remove AI non-consensual intimate imagery.
— Senator Ted Cruz (@SenTedCruz) December 10, 2024
This is a huge step toward giving innocent victims — many of whom are teenage girls —the opportunity to… pic.twitter.com/r3Acc7LUmJ
The TAKE IT DOWN Act will now move to the House, which, if passed, will become law.
Most US states already have legislation against the non-consensual publication of NCII, including 31 states with explicit protections against deepfake content, but there are yet to be overarching federal criminal classifications that will set a nationwide penalty and prosecution.
Congress did pass legislation in 2022 that created a civil cause of action for cases of NCII abuse, which would allow victims to sue those who publish NCII.
However, these cases are expensive, take time and could result in relived trauma.
“Further exacerbating the problem, it is not always clear who is responsible for publishing the NCII,” wrote the US Senate committee on commerce, science and transportation.
Social media platforms and other online services, including Microsoft, Meta, Bumble, Match Group, IBM, Google, TikTok, TechNet, the Entertainment Software Association, Internet Works, and the US Chamber of Commerce have all shown support for the new legislation.
Additionally, the Rape, Abuse & Incest National Network (RAINN), which is the US’ largest anti-sexual violence agency, has pushed for the urgent passage of the bill into law.
“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,” wrote Senator Klobuchar.
“This bipartisan legislation builds on my work to ensure that victims can have this material removed from social media platforms and will ensure law enforcement can hold perpetrators accountable.”
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