The newly signed Take It Down Act makes it illegal to publish nonconsensual explicit images – real or AI-generated – and gives platforms just 48 hours to comply with a victim’s takedown request or face liability. While widely praised as a long-overdue win for victims, experts warn its vague language, lax standards for verifying claims, and tight compliance window could pave the way for overreach, censorship of legitimate content, and even surveillance.
Everyone expects that the Take It Down Act—which requires platforms to remove both real and artificial intelligence-generated non-consensual intimate imagery (NCII) within 48 hours of victims' reports—will likely pass a vote in the House of Representatives tonight.
After that, it goes to Donald Trump's desk, where the president has confirmed that he will promptly sign it into law, joining first lady Melania Trump in strongly campaigning for its swift passing. Victims-turned-advocates, many of them children, similarly pushed lawmakers to take urgent action to protect a growing number of victims from the increasing risks of being repeatedly targeted in fake sexualized images or revenge porn that experts say can quickly spread widely online.
Digital privacy experts tried to raise some concerns, warning that the law seemed overly broad and could trigger widespread censorship online. Given such a short window to comply, platforms will likely remove some content that may not be NCII, the Electronic Frontier Foundation (EFF) warned. And even more troublingly, the law does not explicitly exempt encrypted messages, which could potentially encourage platforms to one day break encryption due to the liability threat. Also, it seemed likely that the removal process could be abused by people who hope platforms will automatically remove any reported content, especially after Trump admitted that he would use the law to censor his enemies.
An anti-deepfake bill is on the verge of becoming US law despite concerns from civil liberties groups that it could be used by President Trump and others to censor speech that has nothing to do with the intent of the bill.
The bill is called the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act, or Take It Down Act. The Senate version co-sponsored by Ted Cruz (R-Texas) and Amy Klobuchar (D-Minn.) was approved in the Senate by unanimous consent in February and is nearing passage in the House. The House Committee on Energy and Commerce approved the bill in a 49-1 vote yesterday, sending it to the House floor.
The bill pertains to "nonconsensual intimate visual depictions," including both authentic photos shared without consent and forgeries produced by artificial intelligence or other technological means. Publishing intimate images of adults without consent could be punished by a fine and up to two years of prison. Publishing intimate images of minors under 18 could be punished with a fine or up to three years in prison.
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