The emergence of the internet as we know it—including social media—unlocked an era of bullying, revenge, and other harmful interactions that few were prepared for. The web has become a forum where jilted romantic partners or anyone else can post compromising images of another person for virtually anyone to see. While new legislation known as the TAKE IT DOWN Act aims to crack down on “revenge porn” and similar behavior, the legislation also highlights long-standing concerns about students' rights.

Students accused of disseminating sensitive materials depicting either minors or adults can face swift, steep sanctions, potentially including expulsion. The consequences of this discipline can be drawn out and life-changing. If you or your student is facing such an accusation, call the Lento Law Firm today at 888-535-3686 or contact us online to learn how our Student Defense Team can assist.

The Basics of the TAKE IT DOWN Act

As it is known to do, Congress named the TAKE IT DOWN Act in a manner that would result in a catchy acronym. The more extended title of this Act is the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act.” The Bill, which the White House signed into law, serves several purposes, including prohibiting the online publication of:

• “Intimate visual depictions” of others in a manner meant to cause harm to the depicted person
• Intimate depictions without the depicted party's consent
• Sensitive visual materials in circumstances in which the depicted individual is expected to have privacy
• Intimate depictions of minors that are meant to arouse sexual desire, harass, or abuse the minor

The law applies to authentic images and “deepfakes,” reflecting the increasing use of artificial intelligence (AI) programs that can create hyper-realistic videos and photographs.

Since the bill is now law, those found to violate the TAKE IT DOWN Act can now face jail, prison, and other criminal penalties. As attorneys who have long advocated for students, we cannot help but view this law's passage through the lens of student discipline.

The TAKE IT DOWN Act Could Give Schools Firmer Ground to Violate Students' Rights

Young people make questionable decisions. With brains that have yet to develop fully, students have created a pastime of depicting other students in a poor light. Whether it is a student drawing another in non-traditional clothing or sharing sensitive photographs through text message or social media, the type of behaviors targeted by the TAKE IT DOWN Act are well-known to students of all ages.

With the passage of this federal law, we cannot help but think that:

• More than ever, schools have a concrete basis to discipline students accused of producing, possessing, or sharing sensitive materials, including but not limited to videos and photographs—authentic or AI-generated—of other students
• As students become increasingly familiar with artificial intelligence tools that produce realistic visual images, the types of behaviors described in the TAKE IT DOWN Act will become rampant

We can also foresee how administrators will cite students' behavior as “criminal,” despite students having no malicious intention of harming others. More than ever, it's critical that you get ahead of any allegations that your student engaged in the type of behaviors prohibited by the TAKE IT DOWN Act.

Call the Lento Law Firm Student Defense Team About Protecting Your Student's Rights in the Face of Serious Allegations

Students have long faced severe discipline when accused of hazing, sexual misconduct, and even criminal behavior. The passage of the TAKE IT DOWN Act combines all three of these categories, so it's realistic to expect schools to overreact to allegations that mirror this law's content.

Call the Lento Law Firm at 888-535-3686 or contact us online as soon as you or your student faces allegations of wrongdoing. We will fight in their defense.