The House on Monday overwhelmingly passed a bill backed by first lady Melania Trump that cracks down on the posting of explicit images, including ‘deep fake’ nudes generated of people by artificial intelligence, without consent.
The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks – known as the TAKE IT DOWN Act – was approved by a 409-2 vote and now heads to President Donald Trump’s desk.
The measure ‘generally 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,’ according to the bill summary.
It specifically prohibits online publication of ‘intimate visual depictions’ of 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,’ as well as ‘a minor subject where publication is intended to abuse or harass the minor or to arouse or gratify the sexual desire of any person.’
‘Violators are subject to mandatory restitution and criminal penalties, including prison, a fine, or both,’ according to the bill summary. ‘Threats to publish intimate visual depictions of a subject are similarly prohibited under the bill and subject to criminal penalties.’
The legislation also requires platforms to establish a process where victims of revenge porn can notify them of the existence of images and request removal. The bill says platforms then have 48 hours to remove those images.
Sen. Ted Cruz, R-Texas, introduced the TAKE IT DOWN Act in January, and it was approved by the upper chamber in February. It was brought to the House by Rep. Maria Salazar, R-Fla.
Two Republicans – Reps. Thomas Massie of Kentucky and Eric Burlison of Missouri – were the only House members to vote against the legislation on Monday.
Massie acknowledged that the TAKE IT DOWN Act ‘would impose federal criminal and civil penalties for publishing unauthorized intimate pictures generated with AI.’
‘I’m voting NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences,’ Massie wrote on X.
House Republicans on Monday praised the first lady, Cruz and Salazar for leading the ‘crucial legislation’ to ‘create a safer digital future and protect our kids from deepfake exploitation.’
‘The passage of the TAKE IT DOWN Act is a historic win in the fight to protect victims of revenge porn and deepfake abuse,’ Cruz wrote on X. ‘This victory belongs first and foremost to the heroic survivors who shared their stories and the advocates who never gave up. By requiring social media companies to take down this abusive content quickly, we are sparing victims from repeated trauma and holding predators accountable.’
‘This day would not have been possible without the courage and perseverance of Elliston Berry, Francesca Mani, Breeze Liu, and Brandon Guffey, whose powerful voices drove this legislation forward,’ the senator wrote, adding that he was especially grateful to colleagues, including Melania Trump and Salazar, as well as Democrats Sen. Amy Klobuchar of Minnesota, and Rep. Madeleine Dean of Pennsylvania, ‘for locking arms in this critical mission to protect Americans from online exploitation.’
‘Advancing this legislation has been a key focus since I returned to my role as First Lady this past January,’ Melania Trump wrote on X. ‘I am honored to have contributed to guiding it through Congress. By safeguarding children from hurtful online behavior today, we take a vital step in nurturing our leaders of tomorrow. #BeBest’
During President Trump’s first term, the first lady established the BE BEST awareness campaign, which ‘focused on the well-being of children and highlighted the people and programs dedicated to ensuring a better future for the next generation,’ according to the White House. Melania Trump also established Fostering the Future, a BE BEST initiative, ‘which provides college-level scholarships to those aging out of the foster care system.’