On 16 January 2025, the Tools to Address Known Exploitation by Immobilising Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act was reintroduced to the Senate. This follows its introduction during the 118th Congress, where it aimed to address the dissemination of non-consensual intimate imagery (NCII), including AI-generated deepfake content. The updated Bill expands on previous provisions by criminalising the intentional publication of NCII through interactive computer services, with specific measures targeting both authentic and digitally forged content involving minors and adults. Covered platforms are required to implement processes to remove NCII within 48 hours of a victim’s request, and to take reasonable steps to eliminate duplicate content. The Act also introduces legal definitions and clarifies exceptions, such as disclosures to law enforcement and medical or educational uses, while incorporating penalties for threats involving NCII and establishing a framework for restitution and forfeiture.
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