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S 146 - Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act - National Key Vote

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Title: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence.

Highlights:

  • Prohibits the nonconsensual online publication of intimate visual depictions of individuals, both authentic and computer-generated, and requires certain online platforms to promptly remove such depictions upon receiving notice of their existence (Sec. 1-5).

  • Specifies that this bill prohibits the online publication of intimate visual depictions of the following, including (Sec. 1-5):

    • an adult subject where publication is intended to cause or does cause harm to the subject, and where the depiction was published without the subject’s consent or, in the case of an authentic depiction, was created or obtained under circumstances where the adult had a reasonable expectation of privacy; or

    • a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person. 

  • Specifies that violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both, and threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties (Sec. 1-5).

  • Requires that covered platforms establish a process through which subjects of intimate visual depictions may notify the platform of the existence of, and request removal of, an intimate visual depiction, including the subject that was published without the subject’s consent (Sec. 1-5).

  • Requires that covered platforms remove such depictions within 48 hours of notification (Sec. 1-5).

  • Defines “covered platforms” as public websites, online services, or applications that primarily provide a forum for user-generated content (Sec. 1-5).

NOTE: THIS LEGISLATION NEEDED A TWO-THIRDS MAJORITY VOTE TO PASS

Full Bill Text

Title: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act

NOTE: THIS VOTE PASSED BY UNANIMOUS CONSENT, MEANING NO MEMBER OBJECTED TO THE PASSAGE OF THE VOTE. THIS DOES NOT NECESSARILY INDICATE THAT ALL MEMBERS FAVORED THE VOTE'S OUTCOME.

Full Bill Text

Title: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act

Full Bill Text

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