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 nonconsensual publication of intimate visual depictions, including deepfakes, by requiring covered platforms to remove such content upon notification. It amends the Communications Act of 1934 to establish criminal penalties for intentional disclosure of nonconsensual intimate visual depictions, both authentic and digitally forged. The bill also outlines a notice and removal process for covered platforms and grants the Federal Trade Commission (FTC) the authority to enforce these provisions.
Expected Effects
The bill will likely lead to a reduction in the availability of nonconsensual intimate visual depictions online. Covered platforms will be compelled to establish mechanisms for reporting and removing such content promptly. The criminal penalties may deter individuals from publishing or threatening to publish such depictions.
Potential Benefits
- Provides legal recourse for victims of nonconsensual intimate image sharing, including deepfakes.
- Establishes clear guidelines for online platforms regarding the removal of harmful content.
- Offers exceptions for legitimate uses of intimate visual depictions, such as law enforcement investigations and medical education.
- Increases public awareness of the harms associated with nonconsensual image sharing.
- Empowers individuals to control their digital image and likeness.
Potential Disadvantages
- Potential for misuse of the reporting mechanism to censor legitimate content.
- Burden on covered platforms to effectively and efficiently process removal requests.
- Possible chilling effect on free expression due to fear of liability.
- Challenges in accurately identifying and removing all instances of nonconsensual images.
- Risk of inconsistent enforcement by the FTC.
Constitutional Alignment
The bill's alignment with the Constitution is complex. While it aims to protect individual privacy and prevent harm, concerns arise regarding the First Amendment's guarantee of free speech. The bill attempts to balance these interests by providing exceptions for certain types of disclosures and focusing on content that is not a matter of public concern. The Commerce Clause (Article I, Section 8) provides the basis for federal regulation of interstate commerce, which includes online platforms.
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).