Two Federal Bills Threaten Online Speech, Sex Work, and Digital Privacy

Two pieces of federal legislation are making headlines and raising serious concerns for sex workers, free speech advocates, and anyone who values digital privacy and bodily autonomy.

The Interstate Obscenity Definition Act (IODA), introduced by U.S. Sen. Mike Lee (R-Utah) and U.S. Rep. Mary Miller (R-Ill.), aims to drastically redefine “obscenity” in a way that could criminalize nearly all online pornography. The bill abandons the long-standing Miller test — which relies on community standards and a reasonable person’s assessment of artistic or political value — and instead proposes a sweeping, one-size-fits-all definition that treats virtually any sexual imagery as criminally obscene.

This would give the government broad authority to prosecute legal adult content, potentially including depictions of LGBTQ+ sexuality, educational materials, and even mainstream media. Webcam performers, porn producers, and anyone who creates or shares sexual content online could be caught in the crosshairs, even if their work is fully consensual and legal.

Thankfully, industry experts don’t expect this bill to get far. XBIZ interviewed industry attorney Corey D. Silverstein who had this to say about the future of the bill: “I can't believe that Sen. Lee is naive enough to think that this bill will become law or survive a constitutional challenge. Further, he seems to be envisioning a national community standard instead of the ‘local community standards’ articulated in Miller. So while Sen. Lee continues his fantasies about eliminating sexual content, I expect this bill to fail just as it did in 2022 and 2024.”

The newly introduced TAKE IT DOWN Act sponsored by U.S. Sen. Ted Cruz (R-TX) and U.S. Sen. Amy Klobuchar (D-MN) aims to tackle the growing problem of deepfake pornography by giving victims a way to demand the removal of non-consensual sexual images. It’s a well-intentioned response to a real and deeply harmful issue, but like many tech-related bills, it’s also broadly written and leaves too much room for unintended consequences.

The law would make it easier to take down AI-generated content, but it does so by opening the door to increased platform liability. That could have a chilling effect on online speech and disproportionately impact marginalized groups, including sex workers, who are often collateral damage in efforts to regulate the Internet.

Better tools to address deepfake abuse are absolutely needed, but the legislation should be precise, thoughtful, and informed by the people most affected. Otherwise, the risks outweigh the benefits just as with SOSTA/FESTA, which actually put people in further danger.