On Monday, President Donald Trump signed the Take It Down Act, which imposes stricter penalties for distributing non-consensual intimate imagery, including deepfakes created by artificial intelligence. The legislation, introduced by Sen. Ted Cruz from Texas and Sen. Amy Klobuchar from Minnesota, was supported by First Lady Melania Trump.
The new law, effective immediately, makes it illegal to knowingly publish or threaten to publish intimate images without consent, including AI-generated deepfakes. It mandates websites and social media platforms to remove such material within 48 hours of being notified by a victim. These platforms must also take steps to delete duplicate content.
Many states have laws banning the dissemination of sexually explicit deepfakes or revenge porn. However, the Take It Down Act represents a rare instance of federal regulation impacting internet companies.
Support and Motivation
The Take It Down Act has strong bipartisan backing. Melania Trump, who has been actively lobbying for this issue, emphasized the emotional trauma faced by teenagers, particularly girls, when victimized by such acts. Cruz highlighted the case of Elliston Berry, a 14-year-old, whose deepfake image remained online for nearly a year due to inaction by Snapchat.
Meta, the company that operates Facebook and Instagram, also supports the legislation. A spokesperson affirmed that non-consensual sharing of intimate images could have devastating effects, and the company has been engaging in efforts to prevent such incidents.
Concerns About Censorship
Despite broad support, some critics argue that the language of the law is too broad and could risk censorship. Free speech advocates like the Electronic Frontier Foundation worry about the lack of safeguards. They are concerned that the takedown provisions might lead to the unjust removal of legal content.
The Electronic Frontier Foundation suggests that lawmakers should enhance existing protections instead of creating new takedown systems vulnerable to abuse. Smaller platforms, lacking resources, may opt to remove content without thorough verification due to legal pressures. This could impact legitimate expressions like fair-use content, news reporting, and legal pornography.
The Cyber Civil Rights Initiative has expressed reservations, stating the provisions are vague and overbroad. There is a risk that platforms could be required to remove images that are lawful but reported maliciously, such as images from protests or explicit content legally produced.
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