Pfluger Introduces Legislation to Protect Victims of Deepfake Revenge P0rn

WASHINGTON, DC — Representative August Pfluger (TX-11) introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Network (TAKE IT DOWN) Act on Friday, July 12, 2024, alongside Representatives Maria Elvira Salazar (FL-27), Madeleine Dean (PA-04), Vern Buchanan (FL-16), Stacey Plaskett (Del.-VI), and Debbie Dingell (MI-04). 

This bill is intended to protect victims of real and deepfake ‘revenge pornography.' The TAKE IT DOWN Act criminalizes the publication of these harmful images and requires websites to quickly remove them.

“There is an urgent need for Congress to act by putting protections in place for victims of exploitative deep fakes and levying consequences on those creating and facilitating this sickening practice,” Pfluger said. “As a father to three young girls, I am proud to join this bipartisan bicameral effort to prevent explicit material from circulating and harming innocent victims.”

In 2022, Congress passed legislation creating a civil cause of action for victims to sue individuals responsible for publishing NCII. However, bringing a civil action can be impractical. It is time-consuming, expensive, and may force victims to relive trauma. Further exacerbating the problem, it is not always clear who is responsible for publishing the NCII.

The TAKE IT Down Act addresses these issues while protecting lawful speech by:

• Criminalizing the publication of NCII or the threat to publish NCII in interstate commerce;
• Protecting good faith efforts to assist victims by permitting the good faith disclosure of NCII for the purpose of law enforcement or medical treatment;
• Requiring websites to take down NCII upon notice from the victims within 48 hours; and
• Requiring that computer-generated NCII meet a ‘reasonable person’ test for appearing to realistically depict an individual, so as to conform to current First Amendment jurisprudence.

Senators Ted Cruz (R-TX), Amy Klobuchar (D-MN), Shelley Moore Capito (R-WV), Richard Blumenthal (D-CT), Cynthia Lummis (R-WY), Jacky Rosen (D-NV), Ted Budd (R-NC), Laphonza Butler (D-CA), Todd Young (R-IN), Joe Manchin (I-WV), John Hickenlooper (D-CO), Bill Cassidy (R-LA), Martin Heinrich (D-NM), John Barrasso (R-WY), John Thune (R-SD), and Roger Wicker (R-MS) introduced the Senate companion bill.