In a move to address the growing crisis of image-based sexual abuse (IBSA), the U.S. Senate has unanimously passed the TAKE IT DOWN Act. This legislation aims to criminalize the publication of non-consensual intimate images, including AI-generated deepfake pornography, and requires online platforms to swiftly remove such content within 48 hours of notification by victims.

The bipartisan effort, spearheaded by Senators Ted Cruz (R-Texas) and Cory Booker (D-New Jersey), has been lauded as a critical step in protecting victims from harassment and holding online platforms accountable for hosting harmful content.

The TAKE IT DOWN Act sets forth stringent measures to combat IBSA:

• Criminalization of Non-Consensual Content: It is now unlawful to knowingly publish or threaten to publish intimate images without the consent of the individual depicted. This extends to AI-generated content, such as deepfake pornography.
• Removal Requirements: Websites must remove flagged content within 48 hours of a valid victim request and make reasonable efforts to eliminate all copies of the material.
• Permitted Disclosures: Exceptions are allowed for disclosures made in good faith, such as sharing content with law enforcement or for medical purposes.
• Accountability for Platforms: Social media and other websites face new obligations to implement robust mechanisms for identifying and removing offending content promptly.

Senator Booker emphasized the urgency of the issue in a statement: “The sharing of nonconsensual explicit images online is a serious and urgent problem. This legislation will thoroughly protect people from harassment, hold wrongdoers accountable, and compel online platforms to act swiftly.”

Image-based sexual abuse encompasses a range of harmful activities, including revenge pornography, sextortion, and deepfake pornography. The advent of AI technology has significantly amplified the scale of the problem, enabling bad actors to create hyper-realistic fake images and videos without the consent of those depicted. Victims of this abuse, including minors, face severe emotional and psychological trauma compounded by the challenges of removing such content from the internet.

A prominent example is the case of Elliston Berry, a Texas high school student victimized by deepfake pornography in 2023. Berry’s story highlighted the devastating impact of these crimes and the inadequacies of current legal frameworks. Her testimony, along with others, galvanized lawmakers to prioritize the passage of the TAKE IT DOWN Act.

The Senate’s passage of the bill follows the introduction of its companion version in the House of Representatives by Florida Congresswoman María Elvira Salazar (R). The legislation reflects a bipartisan acknowledgment of the urgent need to address IBSA, particularly in light of the risks posed by rapidly advancing AI technologies.

“This bill will hold Big Tech accountable by ensuring websites remove these disgusting fake videos and pictures immediately,” said Senator Cruz. He praised the courage of victims who shared their stories, adding that the legislation “sends a strong message that such despicable behavior will not be tolerated.”

While the TAKE IT DOWN Act represents a watershed moment in combating IBSA, challenges remain. Critics have pointed to the need for clarity around enforcement mechanisms and data privacy concerns regarding the processes platforms will use to verify and remove content.

Additionally, the legislation must now pass the House of Representatives before it can be signed into law. Advocates remain optimistic that its unanimous support in the Senate bodes well for swift approval.

The TAKE IT DOWN Act is part of a broader legislative effort to address the misuse of AI technology. In September, Representative Salazar introduced the NO FAKES Act to protect individuals from unauthorized recreations of their voice and likeness through AI. These efforts underscore growing bipartisan concern over the ethical implications of AI advancements.

For victims of IBSA, the passage of the TAKE IT DOWN Act offers a path to justice and protection. Platforms will face increased scrutiny, and the law establishes a clear mandate for swift action against harmful content.

Kim Adams, an attorney with Levin Papantonio, described the legislation as a “watershed moment” in the fight against online exploitation. “This law sends a clear message: the days of unchecked abuse and impunity are over,” she said.

As the TAKE IT DOWN Act moves closer to becoming law, it represents a significant step in addressing one of the internet age’s most pressing challenges, offering hope to victims and setting a precedent for stronger protections against the misuse of technology.