WASHINGTON, DC — Representative August Pfluger (TX-11) introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act today. The bill, co-sponsored by Representatives Maria Elvira Salazar (FL-27), Madeleine Dean (PA-04), Vern Buchanan (FL-16), Stacey Plaskett (Del.-VI), and Debbie Dingell (MI-04), aims to protect victims of real and deepfake ‘revenge pornography,’ a crime increasingly affecting the nation’s youth.
The TAKE IT DOWN Act criminalizes the publication of these harmful images and mandates their swift removal from websites.
“There is an urgent need for Congress to act by putting protections in place for victims of exploitative deep fakes and levying consequences on those creating and facilitating this sickening practice,” said Rep. Pfluger. “As a father to three young girls, I am proud to join this bipartisan bicameral effort to prevent explicit material from circulating and harming innocent victims.”
In 2022, Congress passed legislation allowing victims to sue individuals responsible for publishing non-consensual intimate imagery (NCII). However, civil actions can be impractical due to time, cost, and trauma. Additionally, identifying those responsible for publishing NCII is often challenging.
The TAKE IT DOWN Act addresses these issues while protecting lawful speech by:
- Criminalizing the publication or threat of publication of NCII in interstate commerce;
- Allowing good faith disclosure of NCII for law enforcement or medical treatment purposes;
- Requiring websites to remove NCII within 48 hours upon notice from victims;
- Ensuring computer-generated NCII meets a ‘reasonable person’ test for realistic depiction in line with First Amendment jurisprudence.
“The alarming rise of deepfakes is threatening to destroy innocent individuals’ and families’ lives,” said Rep. Salazar. “Non-consensual deepfake imagery is a cancer that can no longer go untreated. The TAKE IT DOWN Act is the best way to hold online platforms accountable and protect victims of these horrendous crimes.”
“Artificial Intelligence is rapidly evolving—our government must meet this moment with urgency,” said Rep. Dean. “We must defend victims—regardless of whether their attackers used deepfake technology or a simple camera—and ensure these images are removed from the Internet.”
“If there’s one thing everyone can agree on, it’s the need to protect our vulnerable children and grandchildren,” said Rep. Buchanan. “While AI brings countless potential benefits, I am deeply disturbed by the rise of ‘revenge porn’ and explicit AI-generated images circulating on social media.”
“Federal policymakers and AI experts must continue to expose and address the dangers of explicit deepfakes,” said Rep. Plaskett. “This bipartisan legislation protects victims, holds websites accountable, and protects lawful speech.”
“I’m very concerned about the increasing use of artificial intelligence to create and circulate deep fake pornography,” said Rep. Dingell. “The TAKE IT DOWN Act provides a critical remedy for victims to ensure these images are removed.”
Senators Ted Cruz (R-TX), Amy Klobuchar (D-MN), Shelley Moore Capito (R-WV), Richard Blumenthal (D-CT), Cynthia Lummis (R-WY), Jacky Rosen (D-NV), Ted Budd (R-NC), Laphonza Butler (D-CA), Todd Young (R-IN), Joe Manchin (I-WV), John Hickenlooper (D-CO), Bill Cassidy (R-LA), Martin Heinrich (D-NM), John Barrasso (R-WY), John Thune (R-SD), and Roger Wicker (R-MS) introduced the Senate companion bill.
Read the full bill here.