I submitted a comment to the United States Sentencing Commission on its proposal to amend the federal sentencing guidelines in light of a new federal law, the TAKE IT DOWN Act, that criminalizes the (threatened) publication of both real and deepfake nonconsensual intimate imagery. The law is so new, and covers such a vast span of conduct that prosecutors could potentially charge (some of which may be constitutionally protected speech), that I believe the Commission should hold off on issuing guidelines for sentencing until real-world prosecutions provide more information on the kinds of conduct, motivations, victims, harms, and defenses typically involved in TAKE IT DOWN cases. If you wish to submit your own comment, the public comment period is open through February 10.
