H.R.633 - Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks Act; TAKE IT DOWN Act (119th Congress)
Summary
H.R.633, the TAKE IT DOWN Act, aims to combat the spread of nonconsensual intimate visual depictions, including deepfakes, online. It mandates covered platforms to establish processes for removing such content upon notification from the depicted individual. The bill also introduces criminal penalties for the intentional disclosure of nonconsensual intimate visual depictions, both authentic and digitally forged.
Expected Effects
The bill would require online platforms to take down nonconsensual intimate images and deepfakes within 48 hours of a request. It will also create legal consequences for individuals who post such content, potentially deterring the creation and distribution of these materials.
Potential Benefits
- Provides a legal framework for victims of nonconsensual intimate image sharing to seek recourse.
- Mandates platforms to take action, reducing the spread of harmful content.
- Deters the creation and distribution of deepfakes used for malicious purposes.
- Offers exceptions for legitimate uses, such as law enforcement and medical education.
- Establishes clear definitions and rules of construction to guide enforcement.
Potential Disadvantages
- Potential for misuse of the takedown process, leading to censorship or suppression of legitimate content.
- Difficulty in determining consent and intent, potentially leading to legal challenges.
- Burden on platforms to monitor and remove content, potentially impacting smaller platforms disproportionately.
- Possible chilling effect on free expression due to fear of legal repercussions.
- Enforcement challenges due to the global nature of the internet.
Constitutional Alignment
The bill's alignment with the Constitution is complex. While it aims to protect individual privacy and prevent harm, it also touches on freedom of speech, particularly concerning digital forgeries and the definition of 'harm.' The First Amendment protects freedom of speech, but this protection is not absolute and does not extend to speech that incites violence, defamation, or obscenity. The bill attempts to balance these interests by providing exceptions for legitimate purposes and defining specific criteria for unlawful content.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).