Trump enacts law combatting non-consensual deep fake pornography
In a recent development, U.S. President Donald Trump signed into law the Take It Down Act, intended to bolster penalties for the distribution of non-consensual intimate visual portrayals, including deepfakes derived from artificial intelligence. The legislation, sponsored by Senator Ted Cruz (R-TX) and Amy Klobuchar (D-MN), aims to outlaw the intentional dissemination of such images without consent and establish strict removal protocols for platforms and websites.
The enacted law forbids the unauthorized sharing or threat of sharing non-consensual intimate imagery, encompassing both real and artificially generated content for both adults and minors. Violators face penalties of up to two years for adults and three years for minors.
Key provisions necessitate platforms primarily focused on user-generated content to implement notice-and-removal procedures within a year of the law's passage. After receiving a request, these platforms must delete the offending content within 48 hours. The law offers immunity to platforms that act in good faith, even if subsequently discovered the content was lawful.
Federally protected activities, including journalism, artistic expression, law enforcement, and good-faith medical professionals, are exempted. The Federal Trade Commission (FTC) will enforce the law, considering non-compliance as a violation of the FTC Act.
However, concerns about censorship and First Amendment issues abound. Critics argue the Act's sweeping takedown requirements could result in excessive removal of lawful speech, potentially infringing on free speech rights. Fears also exist that the law could be exploited for political censorship or used to suppress dissent or criticism. Encryption and privacy concerns arealso present, as there are apprehensions that platforms might need to access private messages for takedown purposes, posing potential conflicts with user privacy and encrypted communications.
The legislation places substantial procedural and compliance burdens on online platforms, requiring them to develop and maintain rapid notice-and-removal systems. While platforms are not criminally liable for user posts, failure to comply with the notice-and-removal mandates could attract FTC enforcement actions. The immunity provision for good faith content removal encourages proactive takedowns but potentially increases the volume of content removed preemptively.
The Take It Down Act marks a significant increase in federal regulation of synthetic media and non-consensual intimate imagery online, which could trigger more similar legislation and heightened pressure on tech companies to police user content more diligently. Platforms must find a delicate balance between content moderation, user rights, and legal compliance while navigating potential issues related to excessive censorship, operational challenges, and privacy concerns.
- The legislation, by banning the unauthorized sharing of non-consensual intimate imagery, including deepfakes, extends its reach to both real and artificial content, affecting not only adults but also minors.
- The Take It Down Act, amidst debates about freedom of speech and censorship, also requires platforms to develop and maintain rapid notice-and-removal systems, potentially increasing the volume of content removed proactively in the name of education-and-self-development, entertainment, general-news, and technology.
