Pryor Cashman Partner Joshua Weigensberg, a member of the Litigation and Media + Entertainment Groups, was quoted in Variety VIP+ discussing the recently enacted Take It Down Act—a federal law aimed at combating nonconsensual intimate imagery (NCII) and deepfake pornography.
Josh emphasized the law's importance in empowering victims to remove harmful content from online platforms:
"This is giving victims real recourse and mechanisms to get this stuff off of online platforms."
On the enforcement of the Act, he noted:
"I expect we'll see some refinement [of the law] in the future for a victim that tries to get nonconsensual images taken down from a site and the site isn't complying. The act is clear that the FTC can step in and help, but we're looking at options the victim would have in that scenario, additional steps he or she could take."
Responding to concerns that have been raised about potential abuse of the law and free speech issues, Josh offered this perspective:
"There are so many victims of deepfake pornography and other nonconsensual intimate images being shared, and they need tools to be able to fight it. This seems like a very good one."
The Take It Down Act represents a significant step forward in protecting individuals from the harms of nonconsensual intimate content including where such content is now being created through emerging technologies such as generative AI.
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