US Congress passes 'Take It Down' revenge porn bill that also covers AI deepfakes

The US House of Representatives has passed the Take It Down Act, a bipartisan bill that criminalizes the "publication of non-consensual, sexually exploitative images," including AI-generated deepfakes that depict "identifiable, real people." It would also compel platforms, such as social networks, to remove those images within 48 hours of being notified. The bill enjoyed overwhelming support in Congress and was cleared for approval by President Trump with a vote of 409 to 2. It passed Senate unanimously in February, and Trump, who previously talked about it while addressing Congress, is expected to sign the bill into law. 

Nearly every state in the country has its own laws revolving around revenge porn, and there are 20 states that already have laws that cover deepfakes. Take It Down's authors, who include Senator Ted Cruz, explained that those laws "vary in classification of crime and penalty and have uneven criminal prosecution." Victims are also still having a tough time getting their images removed under those laws. However, it's that takedown provision in the bill that has raised concerns among critics. 

According to the Electronic Frontier Foundation, the provision could potentially apply to any image that's perceived as sexual or intimate even if it's not revenge porn. It has much broader definitions of what a "non-consensual, sexually exploitative image" is compared to its narrower definitions in other parts of the bill, the organization said. In addition, the EFF argued that the bill lacks safeguards against bad-faith takedown requests. Since online platforms typically use automated systems to remove content, and 48 hours are likely not enough time to verify each request's legitimacy, they'll most likely just depublish most reported images without checking them first. 

One of the Republican representatives who voted against the bill said it was "ripe for abuse, with unintended consequences." But Cruz previously said after introducing Take It Down that it will "protect and empower all victims" of revenge porn 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."

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