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AI and Deepfakes – Take It Down Act Signed

The bipartisan Take It Down Act was signed into law by the president in an effort to combat non-consensual intimate photographs and images, including deepfakes and revenge-porn.

Why is this important?

Victims have long suffered from this digital exploitation and have struggled in their efforts to have the images removed from websites. Various internet platforms are used to continuously spread and share these unauthorized and/or fake images which results in the victims being re-traumatized. There is a documented disproportionate risk to women, girls, and children. This newly approved law will hold online platforms accountable by requiring them to remove such images from public access within 48 hours of a victim‘s request. And it will provide an avenue for justice for victims by allowing prosecutors to take legal action against the perpetrators who publish non-consensual explicit images online.

This law was inspired in part by the case of a 14-year-old girl who had an AI-generated nude image of her circulated online by Snapchat for most of a year before it was removed. Snapchat initially refused to remove the image.  Effectiveness of the law will depend on implementation details, how the balance between victim protection and free expression is managed, and how quickly Internet platforms and regulators respond to the law.

Key provisions in the Take It Down Act include:

• Criminalizing non-consensual intimate imagery by making it a federal crime to knowingly publish or share it on social media and other online platforms and clarifies that consent to create an image does not mean consent to share it.Non-consensual intimate imagery is defined to include realistic, computer-generated pornographic images and videos that depict identifiable, real people.
• Requires websites and online platforms to take down non-consensual intimate imagery upon notice from the victim within 48 hours of the verified request. It requires that platforms must make reasonable efforts to remove copies of the images or reposts. The Federal Trade Commission is charged with enforcement.
• Protects free speech by targeting the "knowing publication" of non-consensual intimate imagery and requires that the computer-generated content meet a “reasonable person” test for appearing indistinguishable from an authentic image.
• Allows medical professionals or law enforcement to participate in the digital forgery of an identifiable individual when acting "reasonably and in good faith."

After the bill's passage, Senator Amy Klobuchar stated "we must provide victims of online abuse with the legal protections they need when intimate images are shared without their consent, especially now that deepfakes are creating horrifying new opportunities for abuse.

These images can ruin lives and reputations. But now that our bipartisan legislation is becoming law, victims will be able to have this material removed from social media platforms and law enforcement can hold perpetrators accountable."

So, exactly what are deepfakes? Deepfakes are photos, videos, or audio recordings that are altered or created by Artificial Intelligence (AI) to appear real, without the subject of the image providing consent. The images are created to harass and stalk others anonymously. Many of the creators of Deepfake images purposely place people into compromising situations using technology which alters those images to show them in situations or places that cause embarrassment or provoke and spark controversy. This includes images of nudity, pornography, or placing people’s faces into explicit situations they did not actually do. These non-consensual deepfake images are designed to cause significant harm to individuals by exploiting their likenesses. These manipulated images are created to damage reputations by causing harm such as loss of employment, public humiliation, or damage to personal relationships.

Individuals who post such content can now face fines or up to three years in prison. Internet platforms that fail to act in removing the deepfake images may face enforcement from the Federal Trade Commission.

While the focus of the bill was originally centered on protecting young people, who are particularly vulnerable to deepfake abuse, women and others in public and professional roles have been increasingly targeted. The perpetrators use AI-generated explicit content and share it without consent. Their goal is to create reputational damage, job loss, and emotional trauma as a result.

A recent survey of 1,200 young people found that 10% said they knew someone who had been targeted, while 6% reported being victimized themselves. As a result, victims experience anxiety, deal with depression, and, in some cases, have taken their own lives.

Due to their high-profile positions, politicians now seem to be a prime target for these attacks. The American Sunlight Project, a disinformation research group, has uncovered a whopping 35,000 deepfake pornographic images depicting 26 members of Congress, 25 of whom are women. The study reveals that women lawmakers are 70 times more likely than their male counterparts to be targeted by non-consensual intimate imagery.

Resources to learn more about deepfakes:

https://www.ncoa.org/article/understanding-deepfakes-what-older-adults-need-to-know

https://www.aiforeducation.io/ai-resources/uncovering-deepfakes

https://opdv.ny.gov/tfgbv-deepfakes-and-image-based-abuse

https://ironscales.com/learn/deepfake

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