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Take It Down Act

Bans obscene imagery of children online. Mandates removal of obscene images posted without consent.

KEY BILL DATA

Bill Number:

S.146 / H.R. 633

SPONSORS:

Sen. Ted Cruz (R-TX), Rep. Maria Salazar (FL-27)

CONGRESS:

119th

Status:

Active

POSITION:

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Summary

This bill bans the nonconsensual online release of nude or intimate images of individuals. The bill requires the removal of online publications of “intimate visual depictions” of adult subjects without their consent or from places where they had a “reasonable expectation of privacy.” The bill also bans such depictions of minors where the publication is intended to abuse, harass, or sexualize the minor. Platforms must remove these images within 48 hours of being notified of their existence. Websites that violate this Act are subject to fines and enforcement by the Federal Trade Commission under the Unfair or Deceptive Acts clause.

Goals

  • To protect adults and minors from harmful images of themselves or others.
  • To place punitive punishments on those who generate deep-fake images.

Analysis

The Take It Down Act holds websites and online forums accountable for their content moderation standards. The Act advances new content moderation standards to safeguard adults and minors from deepfakes and other harmful real or generated intimate images of themselves or others. Social media platforms and online AI bots serve as complacent propagators of this digital exploitation, and the Take It Down Act removes their ability to do so.