[Congressional Record Volume 170, Number 178 (Tuesday, December 3, 2024)]
[Senate]
[Pages S6788-S6789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   TOOLS TO ADDRESS KNOWN EXPLOITATION BY IMMOBILIZING TECHNOLOGICAL 
                 DEEPFAKES ON WEBSITES AND NETWORKS ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 
Committee on Commerce, Science, and Transportation be discharged from 
further consideration of S. 4569 and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 4569) to require covered platforms to remove 
     nonconsensual intimate visual depictions, and for other 
     purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. WYDEN. Mr. President, I take seriously the stories of so many 
people who have had their lives torn apart by nonconsensual intimate 
imagery (NCII), and I share their urgency in addressing this scourge. 
To that end, I was happy to see the Senate pass the SHIELD Act earlier 
this year. I am all for taking on the criminals who terrorize others 
with nonconsensual or

[[Page S6789]]

deepfaked images. And I do not oppose incentivizing platforms to take 
this slime off their platforms when noticed of it. For these reasons, I 
am not objecting to the TAKE IT DOWN Act.
  However, I have concerns that the bill could threaten the 
availability of strong encryption, which is the single best tool to 
protect the privacy and security of all internet users. Specifically, 
the notice and takedown mechanism described in the bill could be 
understood to place a mandate on end-to-end encrypted communications 
providers to delete messages they cannot technically access. This would 
give providers no choice but to weaken their communications services to 
comply.
  I also have concerns that the takedown system could allow bad actors 
to take advantage of the system to remove legal, legitimate speech from 
the internet.
  These are solvable issues, and I regret that the bill's sponsors did 
not address them. If the TAKE IT DOWN Act becomes law, I will do 
everything within my power to hold the Federal Trade Commission 
accountable if it strays from the important mandate this bill creates 
and instead unfairly targets encrypted communications providers.
  Mr. SCHUMER. I ask unanimous consent that the Cruz-Klobuchar 
substitute amendment at the desk be agreed to; and that the bill, as 
amended, be considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3309), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.
  Mr. SCHUMER. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there further debate on the bill as 
amended?
  Hearing none, the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 4569), as amended, was passed.
  Mr. SCHUMER. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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