TAKE IT DOWN Act: New Bill Forces Websites to Remove Deepfakes and Nonconsensual Intimate Images Within 48 Hours

The TAKE IT DOWN Act is a new bill that tackles the growing problem of nonconsensual intimate images, including deepfakes, being shared online. It does this by creating criminal penalties for those who share such material and by forcing websites to take down this content quickly when notified. Here's a breakdown of what it all means:

Digital Dangers and Deepfakes

This bill sets up some serious consequences for anyone who intentionally shares intimate images or videos of someone without their permission, especially if it's meant to cause harm. This includes "digital forgeries" – or what most of us call deepfakes. If you're caught sharing this kind of content of an adult, you could face fines and up to 2 years in prison (Sec. 2). If the content involves a minor, the penalties jump up to 3 years. Even threatening to share these images can land you in jail. Importantly, the bill clarifies that just because someone agreed to create an image doesn't mean they agreed to have it shared online (Sec. 2).

• Real-World Example: Imagine a vengeful ex posting private photos of their former partner online. Under this law, that's a federal crime.

Platform Power Plays

This is where things get interesting for websites and apps. The bill puts the heat on "covered platforms" – basically, any site or app where users can post their own content (think social media, forums, etc.) – to create a system for people to report nonconsensual intimate images and get them removed (Sec. 3). These platforms have one year to set up a clear, easy-to-find reporting process. Once someone makes a valid request, the platform has just 48 hours to remove the image and try to find any identical copies (Sec. 3). The upside for these platforms? If they act in "good faith" to remove content, they're protected from liability, even if it turns out the content wasn't actually illegal (Sec. 3).

• Real-World Example: If someone reports a deepfake video of themselves on a social media site, the platform must take it down within two days or risk facing action from the Federal Trade Commission (FTC).

The Fine Print and Potential Problems

While the bill aims to protect people from having their intimate images used against them, there are a few things to consider. First, what exactly counts as an "intimate visual depiction" is pretty broad (Sec. 2), and some worry this could lead to legitimate content being taken down. Second, that 48-hour takedown window could be tough for smaller platforms to meet consistently. It is also important to know that the definition of "covered platform" has some exceptions. It doesn't include things like internet service providers or email services, or sites that mainly offer pre-selected content where user interaction is limited (Sec. 4).

• Real-World Example: A news site reporting on the dangers of deepfakes, which includes examples, might be in the clear, but the line is blurry.

The TAKE IT DOWN Act tries to strike a balance between protecting individuals and not crushing free speech online. It gives the FTC significant power to enforce these new rules, and it will be interesting to see how platforms adapt. Whether it truly solves the problem of nonconsensual intimate images, or creates new headaches, remains to be seen.