Charleston Leader

WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito (R-W.Va.), a member of the Senate Commerce Committee, has joined a group of senators led by U.S. Senator Ted Cruz (R-Texas) in introducing the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act. The bill aims to protect victims of non-consensual intimate image abuse, commonly referred to as "revenge pornography." It seeks to criminalize the publication of non-consensual intimate imagery (NCII), including AI-generated NCII or "deepfake pornography," and mandates that social media platforms implement procedures for removing such content upon notification from a victim.

The legislation is co-sponsored by Senators Amy Klobuchar (D-Minn.), Cynthia Lummis (R-Wyo.), Richard Blumenthal (D-Conn.), Jacky Rosen (D-Nev.), Ted Budd (R-N.C.), Laphonza Butler (D-Calif.), Todd Young (R-Ind.), Joe Manchin (I-W.Va.), John Hickenlooper (D-Colo.), Bill Cassidy (R-La.) and Martin Heinrich (N.M.).

"Social media platforms and those that distribute revenge porn need to be held accountable," Senator Capito stated. "Our bill will make sure that even computer-generated deep fakes will not be allowed to stay online. I am proud to stand with my colleagues to help stop this sickening practice that has become far too common."

Although nearly every state has laws protecting individuals from NCII, including 20 states with specific laws covering deepfake NCII, these laws vary in terms of crime classification and penalties, leading to uneven criminal prosecution. Victims often face difficulties in having images removed from websites, increasing the risk of continuous spread and retraumatization.

In 2022, Congress passed legislation allowing victims to sue individuals responsible for publishing NCII. However, pursuing civil action can be impractical due to time constraints, costs, and the potential for retraumatization. Identifying those responsible for publishing NCII further complicates the issue.

The TAKE IT DOWN Act aims to protect victims of both real and deepfake NCII while respecting free speech by:

- Criminalizing the publication of NCII in interstate commerce.

- Protecting good faith efforts to assist victims.

- Requiring websites to remove NCII upon notice from the victim within 48 hours.

- Protecting lawful speech through narrowly tailored provisions.

The Federal Trade Commission is tasked with enforcing these requirements.

The TAKE IT DOWN Act has garnered support from over three dozen organizations across the political spectrum, including: National Center for Missing & Exploited Children; TechNet; National Center on Sexual Exploitation; Rape, Abuse & Incest National Network; SAG-AFTRA; Public Citizen; IBM; Center for American Progress; American Psychological Association; American College of Pediatricians; National Association of Chiefs of Police; Major League Baseball; U.S. Olympic & Paralympic Committee; Becca Schmill Foundation; David’s Legacy Foundation; S.E.A.S.A.M.E.; SWGfL; Talk More. Tech Less; National Organization for Women; Reclaim Coalition; Joyful Heart Foundation; Institute for Strategic Dialogue; Family Policy Alliance; Hope for Justice; Thistle Farms among others.

For further details on organizational support statements or bill text, links are provided below:

[Read organizations’ statements](#)

[Read bill text](#)

[One-page summary](#)