U.S. Senate passes Ted Cruz bill cracking down on deepfake nudes

By Joseph Morton
Dallas Morning News
Reprinted – by Texas Metro News

The bill would criminalize publishing nonconsensual intimate images, including computer-generated photos and videos.

WASHINGTON — The U.S. Senate has passed legislation by Sen. Ted Cruz, R-Texas, that aims to shut down publication of nonconsensual deepfake pornography and intimate images.

Cruz said the bill would give victims, many of whom are teenage girls, a chance to seek justice against those who publish the computer-generated images.

“It will also hold Big Tech accountable by making sure websites remove these disgusting fake videos and pictures immediately,” Cruz said in a statement.

His bill would criminalize publishing intimate images, often referred to as “revenge porn,” including realistic computer-generated photos and videos depicting real people.

It would require apps such as Snapchat and websites to remove such images within 48 hours of a victim’s request. The Federal Trade Commission would enforce that requirement.

Cruz was joined at a news conference earlier this year by 15-year-old Aledo High School student Elliston Berry, whose classmate used an artificial intelligence program to transform innocent pictures of her and her friends into nudes.

The classmate spread those images across social media, causing Elliston to dread setting foot on campus. Although the perpetrator left her school, she said she still worries about the pictures resurfacing.

She and her mother, Anna McAdams, have been pushing lawmakers to crack down on the sharing of nonconsensual intimate images, including those produced through programs capable of creating authentic-looking nude photos.

Most states, including Texas, have laws against revenge porn, and many of those address deepfakes, but penalties can vary and victims still have trouble making websites remove offending images, Cruz has said.

Cruz’s bill passed Tuesday night by voice vote and no recorded opposition, a good sign for its chances of passing the House and being signed into law by the president.

Cruz said the bill has support from nearly 90 organizations representing victim advocates, law enforcement and the tech industry.

As the top Republican on the Commerce Committee, Cruz held a summer field hearing in Dallas that included testimony from Elliston and others who described the harm caused by deepfake nudes.

“I was 14 years old when I was violated all over social media, and I was just 14 years old when I feared my future was ruined,” Elliston said at the hearing. “My goal is to prevent any other student from undergoing this issue … and hopefully turn this horrible situation into something good.”