S.146 - Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act; TAKE IT DOWN Act (119th Congress)
Summary
S.146, the TAKE IT DOWN Act, aims to combat the proliferation of nonconsensual intimate visual depictions, including deepfakes, online. It amends the Communications Act of 1934 to criminalize the intentional disclosure of such depictions and mandates covered platforms to establish a process for notice and removal of these materials. The Act defines key terms like 'consent,' 'digital forgery,' and 'intimate visual depiction' to provide legal clarity.
Expected Effects
This act will likely lead to increased legal action against individuals who share nonconsensual intimate images and deepfakes. Covered platforms will be required to implement takedown procedures, potentially reducing the availability of such content online. The FTC will have increased authority to enforce these regulations.
Potential Benefits
- Provides legal recourse for victims of nonconsensual intimate image sharing and deepfakes.
- Mandates online platforms to take action against the spread of such content.
- Clarifies definitions related to consent and digital forgeries, reducing ambiguity in legal proceedings.
- Offers exceptions for legitimate uses, such as law enforcement and medical education.
- Increases penalties for offenders, including fines, imprisonment, and forfeiture of assets.
Potential Disadvantages
- Potential for overreach or misuse of the law, leading to censorship of legitimate content.
- Burden on covered platforms to monitor and remove content, potentially impacting smaller platforms disproportionately.
- Possible challenges in determining what constitutes 'harm' or 'public concern,' leading to inconsistent enforcement.
- Risk of chilling effects on free speech due to fear of legal repercussions.
- Enforcement may be difficult and costly, requiring significant resources from the FTC.
Constitutional Alignment
The Act's criminalization of certain speech raises First Amendment concerns regarding freedom of expression. However, the exceptions provided for law enforcement, medical education, and other legitimate purposes attempt to balance these concerns. The Act's focus on nonconsensual depictions aligns with principles of individual privacy and protection from harm.
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).