Today, the U.S. House of Representatives voted 409-2 to pass the “Tools To Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN)” Act to criminalize the distribution of both genuine and synthetic non-consensual intimate imagery as well as require online platforms to create notice-and-takedown systems to facilitate expeditious removal of such content. Public Knowledge welcomes this, and future, congressional action to comprehensively address this serious harm, but remains concerned about the “TAKE IT DOWN” Act’s implementation and its potential adverse effects on privacy and free speech.
The following can be attributed to Nick Garcia, Senior Policy Counsel at Public Knowledge:
“The ‘TAKE IT DOWN Act’ addresses a real and urgent problem: the distribution of non-consensual intimate imagery, including synthetic and AI-generated content. Abuse conducted through the distribution of this non-consensual intimate imagery is a serious problem online, and it has grown with the explosion of digital replica technologies. This is a problem that haunts people from all walks of life, and we are encouraged that Congress has prioritized protecting people from some of the most harmful uses of digital replicas.
“This was a chance to get it right, but unfortunately, Congress only got it half right – and half-right laws can do real damage. We are disappointed that the ‘TAKE IT DOWN Act’ has passed in its current form, despite containing a few clear and fixable flaws. As written, the bill could be interpreted to undermine encryption, and its takedown system lacks essential safeguards to prevent abuse and censorship. Moreover, the enforcement authority granted to the Federal Trade Commission raises concerns at a time when the agency’s independence and capacity are under direct threat by the Trump administration. We sincerely hope that these risks do not materialize – but if they do, Congress must be ready to act.
“Recognizing these shortcomings should not diminish the significance of this legislation or the work still ahead. Congress should also pass the ‘DEFIANCE Act’ to provide victims of non-consensual intimate imagery abuse with meaningful civil remedies in court. And Congress must also recognize that with targeted laws like ‘TAKE IT DOWN’ and ‘DEFIANCE’ on the books, sweeping proposals like the ‘NO FAKES Act’ that create even broader take-down systems are not only unnecessary – they’re dangerous. Lawmakers must scrutinize any bill that claims to protect ordinary people but, in practice, empowers major media corporations and Big Tech giants to more easily exploit people’s likenesses, while also threatening our rights to free expression with its dangerously over-broad notice and takedown system.”
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