Beware Your Deep Fakes TAKE IT DOWN Is Coming For You
RalphGreco
May 29, 2025
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As of May 26, the bipartisan TAKE IT DOWN Act was signed into law by President Donald Trump. This legislation will enact stricter penalties for the distribution of non-consensual intimate imagery (what we laypeople call ‘revenge porn’) as well as to stop the posting of naughty images or videos created by AI (what we laypeople call ‘deepfakes’).
Where It Began and Who Supports It
The law, introduced by Republican Senator Ted Cruz, and Democratic Senator Amy Klobuchar, also gained momentum from First Lady Melania Trump. The roots of “Take It Down” come from Elliston Berry and her mother visiting Cruz to complain about their efforts to have Snapchat remove an AI deepfake of 14-year-old Elliston. Their efforts stretched on for almost a year.
Meta, owner of Facebook and Instagram (surely huge players in this game) also supports TAKE IT DOWN. As does the tech think tank The Information Technology and Innovation Foundation.
Critics Cry Censorship, And Vague Language
As often happens with any legislation, the details are in the language of the new law and critics are worried over the vagueness of the language here.
The Cyber Civil Rights Initiative claims that the takedown provisions of the bill are “unconstitutionally vague, unconstitutionally overbroad, and lacking adequate safeguards against misuse.”
There is also worry from many that TID will too quickly censor legitimate images, like legal porn and maybe even LGBTQ content. Further concerns come from the fact that the automated filters used in taking down the seemingly objectionable content, are what critics call, ‘blunt tools’ and not so very effective, certainly not discerning. And, because of the “now” implication of the new law, critics say there is only a two-day period for a poster to prove whether images are illegal. This could become a Herculean task for smaller companies, who might simply capitulate to the law, as they often lack the resources to search through all their objectionable
content.
The Future?
Surely, this law, as so many others, comes with flaws…or is, at the very least, open to a broad interpretation. And while yes, overreaching and skirting the First Amendment is certainly possible with this TAKE IT DOWN Act, the underlying battle against non-consensual intimate imagery, explicit deepfakes, and ‘revenge porn’ is a real concern, even amongst those who make their living posting naughty materials.
And even sex toys.
