Reading time: 4 minutes
On May 19, President Trump signed the Tool to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks (TAKE IT DOWN) Act into law. This came after the bill received unanimous approval in the senate and a resounding 409-2 vote in the house.
The bill federally criminalizes the distribution of non-consensual nude images and requires online platforms to promptly remove the content. It would have significant impacts on sextortion, revenge porn, and anyone threatening someone else with nudes.
Origins of the TAKE IT DOWN Act
The TAKE IT DOWN Act was born from the painful experiences of 14-year-old Elliston Berry of Texas and 15-year-old Francesca Mani of New Jersey. In October 2023, both girls discovered that classmates had used AI software to create fake nude images of them. When they sought help from the threat, both school officials and social media platforms responded with indifference.
Berry’s mother, Anna, reached out to Senator Ted Cruz, who drafted the legislation and championed it through Congress. Democratic Senators Amy Klobuchar and Richard Blumenthal co-sponsored the bill, while Representatives Maria Salazar and Madeleine Dean led the House effort.
Cruz praised the bill for what it would do for victims of revenge porn and online sextortion.
“It protects young girls and young women, and it’s a huge bipartisan victory that we’re winning tonight,” Cruz said on ABC News.
An earlier attempt to include the bill in a December bipartisan spending package failed after opposition from Elon Musk and Donald Trump. During the Biden administration, the DEFIANCE Act, spearheaded by Democrats Dick Durbin and Alexandria Ocasio-Cortez, was considered the most viable deepfake legislation. However, momentum shifted when Cruz became chair of the Senate Commerce Committee.
Melania Trump later backed the bill in her first public remarks since resuming the role of first lady. She hosted a roundtable discussion with Berry, Mani, and other victims of deepfake abuse, sextortion, and revenge porn.
What Does the TAKE IT DOWN Act Do?
The TAKE IT DOWN Act makes it a federal crime to “knowingly publish” Non-Consensual Intimate Images (NCII), including AI-generated deepfakes. It also requires online platforms to remove such content within 48 hours of being notified by the victim. Platforms must maintain a clear, accessible process for reporting NCII and take action to remove any duplicate material.
TAKE IT DOWN also criminalizes threatening publication for the purpose of “intimidation, coercion, extortion, or to create mental distress.”
Individuals who share NCII depicting adults can face fines, restitution, asset forfeiture, and up to two years in prison. If the victim is a minor under 18yrs old, the maximum sentence increases to three years.
What Crimes Does This Law Combat?
The TAKE IT DOWN Act applies to any crime involving NCII. This includes sharing or threatening to share sexually explicit images or videos of a person without their consent. NCII encompasses nonconsensual recordings, misused content originally captured with consent, and “digital forgeries” like AI-generated deepfakes.
The TAKE IT DOWN Act not only criminalizes the publication of NCII but also targets digital extortion and harassment. This makes it illegal to leverage the release of nudes, a tactic often used to coerce individuals online.
The TAKE IT DOWN Act addresses the following crimes:
- Sextortion. Online blackmail that involves intimate images. It often begins with a scammer using a fake profile to gain trust. They then coerce the target to send nudes, which they turn around as leverage. Sextortion has been tied to multiple cases that lead to a tragic end for their victims.
- Revenge Porn. The nonconsensual distribution of sexually explicit media of someone with the intent to humiliate, punish, or seek revenge. Unlike sextortion, revenge porn is typically done by a former partner.
- Sexploitation. The exploitation of individuals, often through the creation, distribution, or manipulation of sexual content, to exert power and control. While financial sextortion has seen a meteoric rise post covid, cases of sexploitation continue to emerge.
When Will the TAKE IT DOWN Act Go into Effect?
The TAKE IT DOWN Act’s criminal prohibitions went into effect immediately. The removal requirements for covered platforms will take effect one year after enactment on May 19, 2026.
Platforms that fail to comply face repercussions from the Federal Trade Commission under Section 5 of the FTC Act. Notably, the bill expands the FTC’s authority to include nonprofit organizations, a rare move in federal regulation.
To protect good-faith efforts, the bill shields platforms from liability when they remove content based on reasonable evidence. This includes content that is later found to be lawful. There’s also a severability clause, allowing the rest of the law to stand if any part is ruled unconstitutional.
Sunny Gandhi hopes TAKE IT DOWN is just the beginning to protecting victims who have been threatened with nudes. He is the vice president of political affairs at Encode, an AI-focused advocacy group that backed the bill. He’s calling on Congress to build on this momentum by advancing broader protections for children online. Recent hearings by the House Energy and Commerce Committee suggest growing interest in taking further action.
“There’s a giant movement in Congress and at the state level around kids’ safety that is only picking up momentum,” Gandhi told Time Magazine. “People don’t want this to be the next big harm that we wait 5 or 10 years before we do something about it.”
The TAKE IT DOWN Act: A Positive Step Forward to Fighting the Extortion Economy
The TAKE IT DOWN Act marks a major turning point in the fight against online abuse. It strikes at the heart of the extortion economy and gives victims powerful new tools to hold perpetrators accountable. While many states have laws addressing NCII, this is the first federal legislation to criminalize its distribution. Furthermore, it’s the first law to explicitly cover AI-generated content.
Its passage sends a clear national message: the publication and spread of NCII, in any form, will no longer be tolerated.
For organizations like Digital Forensics Corp., this law is a game-changer. It strengthens our mission to support victims of sextortion, revenge porn, and those threatened with nudes, empowering us to act more decisively than ever before.
If you or someone you know is being targeted or threatened with nudes, don’t stay silent. Reach out today. We’re here to help you reclaim control, protect your reputation, and bring justice to those who exploit others online.
