A bipartisan group of senators introduced legislation that would require social media sites to take down deepfake “revenge porn” and make publishing it a federal crime.

The TAKE IT DOWN Act aims to protect and empower victims of nonconsensual intimate image abuse, also known as “revenge pornography.” The bill would criminalize the publication of nonconsensual intimate imagery, or NCII, including AI-generated deepfake pornography, and require social media and similar websites to have in place procedures to remove such content upon notification from a victim.

The bill, introduced by Sen. Ted Cruz, R-Texas, is co-sponsored by Sens. Amy Klobuchar, D-Minn., Cynthia Lummis, R-Wyo., Richard Blumenthal, D-Conn., Shelley Moore Capito, R-W.Va., 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, D-N.M.

Up to 95% of internet deepfake videos depict NCII, with the vast majority targeting women and girls. By requiring a notice and removal process from websites that contain user generated content, including social media sites, the TAKE IT DOWN Act will ensure that, if the content is published online, victims are protected from being repeatedly traumatized.

“Many women and girls are forever harmed by these crimes, having to live with being victimized again and again,” Cruz said. “By creating a level playing field at the federal level and putting the responsibility on websites to have in place procedures to remove these images, our bill will protect and empower all victims of this heinous crime.”

Twenty states have laws explicitly covering NCII, but the state laws vary in classification of crime and penalty and have uneven criminal prosecution. Further, victims report struggling to have images depicting them removed from websites, increasing the likelihood the images are continuously spread.

Congress passed legislation in 2022 creating a civil cause of action for victims to sue individuals responsible for publishing NCII.

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 would be charged with enforcement.

Supporters said the bill is narrowly tailored to criminalize knowingly publishing NCII without chilling lawful speech.

The TAKE IT DOWN act has received report from organizations like National Center for Missing & Exploited Children, Rape, Abuse, & Incest National Network and SAG-AFTRA.

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