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 spread of nonconsensual intimate visual depictions, including deepfakes, online. It amends the Communications Act of 1934 to create criminal prohibitions for the intentional disclosure of such depictions and mandates covered platforms to establish notice and removal processes. The bill also outlines penalties for violations and provides exceptions for law enforcement, legal proceedings, and other legitimate purposes.
Expected Effects
The bill's passage would likely lead to increased legal action against individuals who share nonconsensual intimate images and deepfakes. Covered platforms would be required to implement more robust content moderation policies and removal processes. This could reduce the prevalence of such content online and provide recourse for victims.
Potential Benefits
- Provides legal recourse for victims of nonconsensual intimate visual depictions, including deepfakes.
- Mandates online platforms to take action against the spread of such content.
- Establishes clear definitions and penalties for offenders.
- Offers exceptions for legitimate uses, such as law enforcement and legal proceedings.
- Protects minors from abuse, humiliation, and sexual exploitation through the publication of intimate visual depictions.
Potential Disadvantages
- Potential for overreach and censorship if the definitions are too broad.
- Possible chilling effect on free speech if individuals fear prosecution for sharing content.
- Challenges in accurately identifying deepfakes and determining consent.
- Increased burden on online platforms to monitor and remove content, potentially leading to errors.
- Risk of the law being used to silence legitimate criticism or dissent.
Constitutional Alignment
The bill's alignment with the Constitution is complex. While it aims to protect individual privacy and prevent harm, it also raises concerns about freedom of speech under the First Amendment. 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 and is intended to cause harm.
However, the definition of 'harm' could be subject to interpretation, potentially leading to restrictions on protected speech. 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).