TAKE IT DOWN Act (Nonconsensual Intimate Imagery & Deepfake Takedown)
Current understanding
The TAKE IT DOWN Act is an enacted federal statute that criminalizes the nonconsensual online publication of intimate visual depictions of identifiable individuals, expressly covering both authentic images and AI-generated or computer-manipulated deepfakes. It imposes a mandatory notice-and-takedown regime on covered online platforms, which must remove flagged nonconsensual intimate imagery within 48 hours of receiving a valid request, with FTC enforcement of the platform obligations. Practical effect: victims (disproportionately women and minors) gain a federal criminal remedy and a rapid platform-removal channel; contested questions include First Amendment scope, potential over-removal / abuse of takedown requests, and interaction with Section 230 and state NCII laws.
Evidence log
- 2026-07-21 — Safeguarding Against Fabricated Exploitation Through Artificial Intelligence Act of 2026: cross-connection with safeguarding-against-fabricated-exploitation-ai-act: Both target harmful AI-generated content; TAKE IT DOWN is an enacted criminal/takedown regime for nonconsensual intimate imagery, while S5057 proposes a broader anti-exploitation framing referred to Homeland Security. (novelty: 3)
- 2025-06-26 — STOP CSAM Act of 2025: cross-connection with stop-csam-act: Complementary platform-liability regimes for harmful imagery: STOP CSAM targets CSAM reporting and hosting, while TAKE IT DOWN addresses nonconsensual intimate imagery and deepfake takedowns. (novelty: 3)
- 2025-04-28 — TAKE IT DOWN Act: cross-connection with nonconsensual-intimate-image-distribution: TAKE IT DOWN Act’s criminal ban and 48-hour platform takedown duty overlap with S5129’s narrower distribution-focused approach to nonconsensual intimate visual depictions; comparing the two clarifies which harms are addressed by criminal versus civil/removal pathways. (novelty: 3)