Klobuchar, Cruz, Dean, Salazar Request Information on Implementation of TAKE IT DOWN Act

WASHINGTON - U.S. Senators Amy Klobuchar (D-MN) and Ted Cruz (R-TX) along with Representatives Madeleine Dean (D-PA) and Maria Elvira Salazar (R-FL), the lawmakers who led the TAKE IT DOWN Act, are urging that the Federal Trade Commission (FTC) hold tech companies accountable should they fail to remove non-consensual intimate images from their platforms as required by the TAKE IT DOWN Act beginning today.

"We request the FTC brief our offices on how it intends to enforce the Act, including updates on what mechanisms it has put into place to respond to user complaints of non-compliance, resources dedicated to investigating non-compliance and bringing cases when non-compliance is discovered, issues the FTC is seeing among online platforms with compliance, and any additional resources or authorities the FTC may require to effectively protect victims and hold non-compliant platforms accountable."

The full letter is available here and below.

Dear Chairman Ferguson,

There is no place online for the publication of non-consensual intimate images, including those created using artificial intelligence. The distribution of these images pose a serious threat to victims' privacy and dignity. That's why we authored, Congress passed, and the President signed into law, the TAKE IT DOWN Act. As you know, this law immediately put into place criminal penalties for the publication of intimate images without the consent of those involved and empowers victims to seek the removal of these images from online platforms through a clear, easy-to-use, and effective process consistent with the First Amendment. We write to ensure the Federal Trade Commission will use its new authority to protect and assist victims of non-consensual intimate imagery and hold online platforms that fail to take down these images accountable.

Today the provisions of the TAKE IT DOWN Act that require online platforms to remove non-consensual intimate images go into effect. As you know, the Act charges the FTC with ensuring that online platforms (1) establish a process by which victims of non-consensual intimate images-real or AI-generated-may notify the platform of the publication of a non-consensual intimate image; (2) ensure users are aware of how to report non-consensual intimate images; (3) remove offending images no later than 48 hours after receiving the notice; and (4) make reasonable efforts to identify and remove identical copies of the offending images. It is critical that the FTC, consistent with the law, make every effort to ensure that online platforms comply with these provisions beginning today and continue to do so moving forward. To the extent that any online platform is failing to protect victims as required by the TAKE IT DOWN Act, we expect the FTC to hold those platforms accountable, correct any wrong experienced by victims of non-consensual images, and ensure the platform fully complies with the Act on an ongoing basis.

We request the FTC brief our offices on how it intends to enforce the Act, including updates on what mechanisms it has put into place to respond to user complaints of non-compliance, resources dedicated to investigating non-compliance and bringing cases when non-compliance is discovered, issues the FTC is seeing among online platforms with compliance, and any additional resources or authorities the FTC may require to effectively protect victims and hold non-compliant platforms accountable.

We look forward to working with you to ensure robust enforcement of the TAKE IT DOWN Act.

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