The United States is considering introducing new legislation that would make the non-consensual publication of sexually explicit AI deepfakes illegal.
The US Senate unanimously passed the TAKE IT OFF Actwhich would make it illegal to publish non-consensual intimate images (NCII) without consent, including AI-generated NCII, commonly known as “deepfake revenge porn.”
The law, proposed by U.S. Senate Commerce Committee Ranking Member Ted Cruz alongside Senator Amy Klobuchar, will place responsibility on social media giants to remove any NCII within 48 hours of a victim’s report.
“Over the past few months, courageous victims of AI-deepfake ‘revenge porn’ have shared their stories to raise awareness and inform lawmakers’ efforts to end this despicable behavior,” Cruz said.
“Passage of our bipartisan TAKE IT OFF will give innocent victims – many of whom are teenage girls – the opportunity to seek justice against the deviants who post these abusive images. It will also hold big tech accountable by ensuring websites remove these disgusting fake videos and images immediately.
“For young victims and their parents, these deepfakes are a problem that requires urgent attention and legal protection. I will continue to work with my colleagues in Washington to quickly advance this common-sense, bipartisan legislation through the House and to the President’s desk so that it can be signed into law.”
In the Senate, we unanimously passed the TAKE IT DOWN Act, legislation that will require social media companies and similar websites to remove non-consensual intimate images from AI.
This is a big step forward in giving innocent victims – many of whom are teenage girls – the opportunity to… pic.twitter.com/r3Acc7LUmJ
– Senator Ted Cruz (@SenTedCruz) December 10, 2024
THE TAKE IT OFF Act will now be sent to the House and, if passed, will become law.
Most US states already have legislation prohibiting non-consensual publication of the NCII, including 31 states with explicit protections against deepfake content, but there are not yet comprehensive federal criminal classifications that will set penalties and penalties. nationwide prosecutions.
Congress passed a law in 2022 that created a civil cause of action for cases of NCII abuse, which would allow victims to sue those who publish the NCII.
However, these cases are expensive, time-consuming, and could result in relived trauma.
“What makes the problem even worse is that it is not always clear who is responsible for publishing the NCII,” the U.S. Senate Committee on Commerce, Science, and Transportation wrote.
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 United States Chamber of Commerce, have all protested their support for the new legislation.
Additionally, the Rape, Abuse & Incest National Network (RAINN), which is America’s largest agency fighting sexual violence, pushed for the bill to be passed urgently.
“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 create horrific new opportunities for abuse,” Senator Klobuchar wrote.
“This bipartisan legislation builds on my work to ensure victims can have this material removed from social media platforms and will ensure law enforcement can hold perpetrators accountable.”
