TAKE IT DOWN Act

The TAKE IT DOWN Act (full title: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act) is a United States federal statute that criminalizes the nonconsensual publication of intimate visual depictions — including AI-generated deepfakes — and requires online platforms to implement a notice-and-removal process. It is the first federal law specifically targeting AI-generated content.

Overview

• Official Title: Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act
• Public Law: Pub. L. 119-12
• Bill Number: S. 146 (119th Congress)
• Sponsor: Sen. Ted Cruz (R-TX)
• Signed: May 19, 2025
• Citation: 18 U.S.C. § 2261A (criminal); 15 U.S.C. § 5723 note (FTC enforcement)

Legislative History

The TAKE IT DOWN Act was introduced in the Senate on January 16, 2025, by Sen. Ted Cruz. It passed the Senate by unanimous consent on February 13, 2025, and passed the House on April 28, 2025, by a vote of 409–2. President Trump signed the bill into law on May 19, 2025. The legislation received strong bipartisan support, reflecting growing congressional concern over AI-generated nonconsensual intimate imagery.

Key Provisions

Criminal Provisions

The Act amends 18 U.S.C. § 2261A to criminalize the nonconsensual publication of intimate visual depictions:

• For adult subjects: Publication is prohibited where it is intended to cause or does cause harm to the subject, the depiction was published without the subject's consent, or (for authentic depictions) was created or obtained under circumstances where the adult had a reasonable expectation of privacy.
• For minor subjects: Publication is prohibited where it is intended to abuse or harass the minor, or to arouse or gratify the sexual desire of any person.
• "Digital forgeries": The Act explicitly covers computer-generated visual depictions — including AI deepfakes — that falsely appear to depict identifiable individuals.

Criminal penalties include mandatory restitution, imprisonment, a fine, or both. Threats to publish intimate visual depictions are similarly prohibited and subject to criminal penalties.

Platform Requirements

The Act requires covered platforms — defined as public websites, online services, or applications that primarily provide a forum for user-generated content — to:

1. Establish a process through which subjects of intimate visual depictions may notify the platform of nonconsensual depictions and request removal
2. Remove such depictions within 48 hours of notification
3. Take reasonable steps to identify and remove known copies of the depictions identified in the notification

Enforcement

• Criminal enforcement: The Department of Justice (DOJ) prosecutes criminal violations.
• Platform compliance: The Federal Trade Commission (FTC) enforces the notice-and-removal requirements, treating violations as unfair or deceptive acts or practices under the FTC Act.

Effective Dates

• Criminal provisions: Effective upon enactment (May 19, 2025)
• Platform compliance deadline: May 19, 2026

Significance

The TAKE IT DOWN Act is the first federal statute to specifically target AI-generated content, marking a significant step in the legal response to generative AI. By explicitly covering "digital forgeries" alongside authentic images, the Act establishes that AI-generated nonconsensual intimate imagery is subject to the same legal framework as traditional nonconsensual pornography. The 48-hour removal requirement for platforms creates one of the fastest content-removal mandates in U.S. law.

The Act also represents one of the few areas of bipartisan consensus on AI regulation in the 119th Congress, passing both chambers with near-unanimous support.

Sources

• Congress.gov — S.146: TAKE IT DOWN Act
• Congress.gov — Public Law 119-12 (PDF)
• Federal Trade Commission — TAKE IT DOWN Act
• GovInfo — Compiled Act Text (PDF)

See Also

• Legislation
• Executive Order 14179