Lawmakers in Washington D.C. are currently working on legislation to address the alarming increase in deepfake AI pornographic images circulating online. This new bill, dubbed the Take It Down Act, aims to hold social media companies accountable for policing and removing such harmful content from their platforms. Sen. Ted Cruz, R-Texas, is the main sponsor of this bill, which seeks to criminalize the publication and dissemination of deepfake porn.
Responsibility for Social Media Platforms
Under the proposed legislation, social media platform operators would be required to establish a process for promptly removing deepfake porn images upon receiving a valid request from a victim. The sites would also be expected to make a reasonable effort to eliminate any additional copies of the images, including those shared within private groups. The enforcement of these regulations would be overseen by the Federal Trade Commission, responsible for regulating consumer protection rules.
The Take It Down Act is set to be formally introduced by a bipartisan group of senators, who will advocate for its implementation in response to the growing threat of nonconsensual AI-generated images. Victims of deepfake porn, including high school students, are expected to join lawmakers in advocating for the bill’s passage. The legislation aims to provide a level playing field at the federal level, ensuring that websites take proactive measures to remove such harmful content and protect victims.
Challenges and Competing Legislation
While there is broad consensus in Congress regarding the urgency of addressing deepfake AI pornography, there is a lack of agreement on the best approach to combatting this issue. Currently, two competing bills are being considered in the Senate. Sen. Dick Durbin, D-Ill., introduced a bipartisan bill earlier this year that would enable victims of nonconsensual deepfakes to take legal action against individuals involved in the creation or distribution of such images.
In contrast, Sen. Cruz’s bill treats deepfake AI porn as highly offensive online content, placing the responsibility on social media companies to moderate and remove these images. The disagreement between lawmakers on how to effectively address this issue was evident when Sen. Lummis blocked Sen. Durbin’s bill, citing concerns about its scope potentially stifling American technological innovation.
Sen. Durbin defended his bill, emphasizing that there is no liability for tech platforms under the proposed legislation. Notably, Sen. Lummis is among the original co-sponsors of Sen. Cruz’s bill, along with Sen. Shelley Moore Capito and Democratic Sens. Amy Klobuchar, Richard Blumenthal, and Jacky Rosen. The introduction of this new legislation coincides with Senate Majority Leader Chuck Schumer’s efforts to advance A.I. legislation, as highlighted by a recent “roadmap” released by a task force on A.I.
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