Cruz Expects Prompt House Consideration for Deepfake Bill

Cruz introduced the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (Take It Down) Act with Amy Klobuchar, D-Minn. S. 146 passed the Senate unanimously on Feb. 13. It’s drawn privacy-related objections from groups like Center for Democracy & Technology and American Action Forum due to its potential impact on end-to-end encryption.

Cruz noted House Speaker Mike Johnson, R-La., and House Majority Leader Steve Scalise, R-La., committed to taking up the legislation during a round table discussion with First Lady Melania Trump last week.

“The House leadership is committed,” said Cruz. “They’re going to move it and move it promptly.”

The legislation was discussed during a Congressional Internet Caucus event Thursday. Federal and state lawmakers are formulating targeted proposals to address kids’ online safety because courts have shot down many comprehensive bills, said Andrew Zack, policy manager at the Family Online Safety Institute. The Take It Down Act is “one way to address a small part of this problem,” he said.

Sen. Ron Wyden, D-Ore., has spoken against the impact of certain kids’ bills on encryption services, including the Kids Online Safety Act (KOSA). Maureen Flatley, an advisor at Stop Child Predators, said Wyden’s proposal to increase law enforcement resources investigating child-related crimes is a better approach. She said there are so many pieces of legislation focused on holding Big Tech accountable that stakeholders have lost sight of the actual problem: child predators. She supports Wyden’s Invest in Child Safety Act, a bill that would authorize $5 billion in new law enforcement funding. Blaming the tech platforms for every child safety issue is like blaming banks for getting robbed, she said. Flatley opposes granting the FTC authority to go after tech platforms for the child-safety problem. It’s a DOJ and FBI resource issue, she said.

Tech platforms have created the problem through harmful design features, and they have a “duty” to address it, said Common Sense Media Senior Counsel-Tech Policy Holly Gosshans. She said bills like KOSA (see 2503070054) empower parents to better control harmful algorithms, design features and children’s overall experience online. She spoke in support of the Safe for Kids Act in New York and the Social Media Addiction for Youth in California, two recently passed child safety laws. Gosshans said there needs to be more transparency about how tech platforms are operating.

Ash Johnson, senior policy manager at Information Technology and Innovation Foundation, agreed on the need for more transparency, specifically on privacy-related data issues, child safety features and content moderation.