The Take It Down Act, which would criminalize the publication of deepfake revenge videos, is on its way to President Donald Trump’s desk after being passed by an overwhelming majority in the House on Monday.
Only two representatives voted against the bill: Rep. Thomas Massie (R-Ky.) and Rep. Eric Burlison (R-Mo.).
If signed by Trump, posting realistic, computer-generated adult content of a real person online would be a federal crime.
The bill received widespread bipartisan support and was spearheaded in the Senate by Sen. Ted Cruz (R-Texas) and Sen. Amy Klobuchar (D-Minn.). It was also praised by Melania Trump as a testament to “protecting the dignity, privacy, and safety of our children.”
In remarks, Massie described the law as a “slippery slope” while detailing his disapproval.
“Tonight we’re voting on the ‘TAKE IT DOWN Act,’ a bill that would impose federal criminal and civil penalties for publishing unauthorized intimate pictures generated with AI,” Massie wrote. “I’m voting NO because I feel this is a slippery slope, ripe for abuse, with unintended consequences.”
Specifically, Massie cited complaints that the law could be abused by those looking to make false reports, possibly leading to an uptick in censorship.
Critics of the bill outside of Congress worry such a law could cause many potential issues, given that it applies to encrypted chat apps that cannot read users’ content. To enforce the law, the federal government could demand backdoor access to certain platforms.
Massie even pointed to concerns that the law could be selectively enforced by President Donald Trump and used to threaten his critics. The president addressed the Take It Down Act in March by stating that he would “use that bill” for himself because “nobody gets treated worse online than I do.”
Burlison, on the other hand, has not explained his opposition to the bill.
Massie’s opposition has received mixed responses online. Some argue the bill was worth passing despite the concerns.
“Personally, I think it should be passed. You haven’t been a victim of it,” one user wrote. “Would you like for someone to post AI-generated nude pictures of your kids online? I sure as hell wouldn’t. There is a fine line between freedom of speech and criminal actions.”
Others shared Massie’s stance by labeling the legislation as an attack on freedom.
“What part of the constitution gives the federal government authority to make generating pictures with AI illegal?” another asked.
Regardless, the bill will almost certainly be signed into law by Trump. How it will be enforced, and whether warnings from critics will bear fruit, remains to be seen.
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