Bipartisan senators target deepfake revenge porn with new legislation

A group of 13 senators introduced a bill to criminalize the publication of revenge porn, including deepfakes, and requiring websites to remove these explicit videos and photos. 

The effort to pass the (TAKE IT DOWN) Act is led by Sens. Ted Cruz (R-Texas), who is the ranking member of the U.S. Senate Commerce Committee, and Amy Klobuchar (D-Minn.). Cruz is holding a press conference with victims and advocates of the bill later today. 

“While some states provide legal remedies for victims of non-consensual intimate imagery, states would be further supported by a uniform federal statute that aids in removing and prosecuting the publication of non-consensual intimate images nationwide,” Cruz said to The Hill in a statement. “By creating a level playing field at the federal level and putting the responsibility on websites to have in place procedures to remove these images, our bill will protect and empower all victims of this heinous crime.” 

According to an analysis by Wired, 244,625 deepfake porn videos have been uploaded to some of the internet’s largest sites in the past seven years. According to a 2019 report by SENSITY, 96 percent of deepfakes were non-consensual sexual deepfakes, of which 99 percent featured women. 

Almost every state has a law protecting people against revenge porn, and 20 states already have laws that explicitly cover AI-generated deepfakes. 

In 2022, Congress passed legislation that created a civil cause of action for victims to sue individuals who published revenge porn. However, this group of senators believes that civil action does not go far enough with their statement releasing the bill calling civil action “time-consuming, expensive” and “impractical.” 

If this new law were to pass, knowingly publishing revenge porn, including AI-generated deepfakes, on social media or other platforms would be illegal, and the bill also requires the FTC to enforce a 48-hour removal requirement for social media sites. The bill also requires websites to make a reasonable effort to remove copies of images. 

“By criminalizing the act of uploading such content and mandating its removal within 48 hours, this legislation not only champions the rights of survivors but also sets a precedent for accountability and prompt action in the digital realm.” Dawn Hawkins, CEO of the National Center on Sexual Exploitation, wrote in a statement. 

The bill is co-sponsored by Sens. Cynthia Lummis (R-Wyo.), Richard Blumenthal (D-Conn.), Shelley Moore Capito (R-W.Va.), 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.).

“Artificial intelligence is the future and provides an infinite amount of possibilities of how this new technology can be used to improve lives around not only in this country, but across the entire globe," Lummis said. "With any new industry comes the need to ensure it is not being used by bad actors, and AI is no different." 

The bill is backed by more than 30 interest groups, including the National Center for Missing & Exploited Children, SAG-AFTRA, the National Organization for Women and IBM.

Different groups of senators have unveiled competing bills on the issue. The Take It Down Act is the third bill introduced by senators on the issue.

Earlier this year, Sen. Dick Durbin (D-Ill.) introduced a bipartisan bill that would allow victims of non-consenual deepfakes to sue people who had created, distributed, held, or possessed the image. 

Durbin tried to get a floor vote on his bill last week, but Sen. Cynthia Lummis (R-Wyo.) blocked the bill, saying that it was “broad in scope” and would “stifle American technological innovation.” 

That bill was co-sponsored by Klobuchar and Sens. Lindsey Graham (R-S.C.), Josh Hawley (R-Mo.), Angus King (I-Maine), Mike Lee (R-Utah), and Charles Schumer (D-N.Y.). 

Last week, a bipartisan group of lawmakers led by Sens. Maggie Hassan (D-N.H.) and John Cornyn (R-Texas) introduced a bill that would make it a criminal offense illegal to intentionally share deep fake pornographic images and videos without consent. The criminal penalties would include a fine and up to two years in prison, while the civil penalties could be up to $150,000 in fines.