The best solution to deepfake images: TAKE IT DOWN
No one expects to be the victim of an obscene deepfake image. But as artificial intelligence gains capability and prominence, the odds of this happening only increase.
Today, an alarming 98 percent of deepfake videos are pornographic. And few of these videos remain private. Rather, the vast majority are plastered all over the internet. In some cases, they’re even used to extort teenagers — sometimes with the effect of pushing those teens to commit suicide.
This cannot be allowed to continue. That’s why the Senate recently passed the TAKE IT DOWN Act, a bill that would criminalize sharing, hosting or threatening to publicize non-consensual intimate images.
In his joint address to Congress, President Trump recognized that anyone, including himself, could fall victim. “I’m going to use this bill for myself,” referring to TAKE IT DOWN’s enforcement mechanisms. It would criminalize the publishing of real or deepfake intimate images without the image bearer’s consent and require online platforms to take down the content within 48 hours of request.
Trump’s endorsement followed the first lady’s public speaking debut this presidential term, where she advocated for victims, children, individual privacy and the bill’s passage in the House.
Melania Trump headlined a roundtable discussion of the TAKE IT DOWN Act on Capitol Hill the day before her husband’s joint address. Her presence gave national attention to the problems the bill addresses and the solutions it provides. Her influence may be what compels House leadership to shepherd the bill through committee and hold a vote on the House floor.
The bill passed the Senate for the second time in February by unanimous consent, giving the House a second chance after they refrained from voting on it during the previous session. Melania may be the missing piece of the puzzle, as, during the roundtable, House Energy and Commerce Committee Chairman Brett Guthrie (R-Ky.) committed to holding a hearing, and House Speaker Mike Johnson (R-La.) and House Majority Leader Steve Scalise (R-La.) echoed their support to pass the bill and send it to the president.
The first lady’s support of the TAKE IT DOWN Act could be the first legislative victory in an illustrious legacy to protect children from harm online.
Another recent bill in this category is the Kids Online Safety Act, which has yet to be introduced this Congress. KOSA similarly holds online platforms accountable by placing guardrails platforms' design features for teen accounts. It also requires the platforms to provide parents with controls and oversight of their teens’ social media accounts.
If the first lady extended her support, she would not be alone in the president’s camp. At the end of last year, Donald Trump Jr. and Elon Musk announced their support for KOSA.
Another child safety policy with momentum is online age verification. Nineteen states have passed legislation requiring pornography websites to verify that their users are 18 or older, and Congress has introduced a federal version known as the SCREEN Act, led by Sen. Mike Lee (R-Utah) and Rep. Mary Miller (R-Ill.).
In addition, several states are considering legislation to require app stores to verify the age of teen users and require parental consent for app downloads. This month, Utah became the first state to pass this measure known as the App Store Accountability Act. Congress may not be too far behind, as Lee and Rep. John James (R-Mich.) are expected to reintroduce their own versions of this bill.
Each of these policy proposals include requirements related to data privacy and security. In her remarks, Melania Trump articulated the importance of upholding robust security measures and strict ethical standards to protect individual privacy.
These are a few, but substantial, measures that the first lady could take up to radically improve the online experience for children through her "Be Best" initiative that focuses on youth well-being.
It’s become clear that heavy smart phone and social media use and exposure to pornography is detrimental to the well-being of kids. We need to make kids healthy again.
The first lady recently championed the message that we need to “foster a safe and supportive environment for young people.” The TAKE IT DOWN Act is a strong start. With her support, Congress may pass this law and send even more measures that help America’s children "be best" to the president’s desk.
Annie Chestnut Tutor is a policy analyst in the Heritage Foundation’s Tech Policy Center.
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