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Addressing overlooked AI harms beyond the TAKE IT DOWN Act
Brookings
2025.12.15
It was stories like Elliston Berry’s, who was 14 years old when a classmate used artificial intelligence (AI) to generate nude images of her, that helped galvanize bipartisan support for the TAKE IT DOWN Act. Just under a year after her testimony, the act passed the House of Representatives 409-2 and was signed by President Donald Trump on May 19, 2025, criminalizing the knowing publication of non-consensual intimate imagery (NCII). Amid myriad concerns about the advent of AI, the act could be considered this Congress’ first bipartisan legislative action directly targeting harms from AI-generated content.

It is unsurprising that this bill was an early success due to its bipartisan support for both privacy and consent for minors. Both parties have long sought to address the harms social media can have on young people, signaling that lawmakers might be willing to protect individuals from public embarrassment and bullying. First Lady Melania Trump, who made cyberbullying a focus during the first Trump presidency, also publicly supported the bill.

But in the six months since the act was signed into law, other federal bills addressing AI harms have struggled to see the same level of support despite lawmakers introducing many even before the rise of generative models. Congress should build upon the protections the TAKE IT DOWN Act offers, providing redress to victims of less visible, but oftentimes equally troublesome, harms from AI-facilitated discrimination.