{"id":10847,"date":"2025-05-02T13:22:01","date_gmt":"2025-05-02T13:22:01","guid":{"rendered":"https:\/\/www.digitalforensics.com\/blog\/?p=10847"},"modified":"2025-08-29T21:01:39","modified_gmt":"2025-08-29T21:01:39","slug":"take-it-down-act-passes","status":"publish","type":"post","link":"https:\/\/www.digitalforensics.com\/blog\/sextortion-online\/take-it-down-act-passes\/","title":{"rendered":"USA Passes Take It Down Act: Fighting NCII at the Federal Level\u00a0"},"content":{"rendered":"

Reading time: 4<\/strong> minutes<\/em><\/p>\n

On May 19<\/a>, 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.<\/p>\n

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\u00a0sextortion<\/a>,\u00a0revenge porn<\/a>, and anyone threatening someone else with nudes.<\/p>\n

<\/span>Origins of the TAKE IT DOWN Act<\/span><\/h2>\n

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<\/a> of them.\u00a0When they sought help from the threat, both school officials and social media platforms responded with indifference.<\/p>\n

Berry\u2019s 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.<\/p>\n

Cruz praised the bill for what it would do for victims of\u00a0revenge porn\u00a0and\u00a0online sextortion.<\/p>\n

\u201cIt protects young girls and young women, and it\u2019s a huge bipartisan victory that we\u2019re winning tonight,\u201d Cruz said on ABC News<\/a>.<\/p>\n

An earlier attempt to include the bill in a December bipartisan spending package failed after opposition from Elon Musk and Donald Trump.\u00a0During 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.<\/p>\n

Melania Trump later backed the bill in her first public remarks since resuming the role of first lady. She hosted a roundtable discussion<\/a> with Berry, Mani, and other victims of\u00a0deepfake abuse<\/a>, sextortion, and\u00a0revenge porn<\/a>.<\/p>\n

<\/span>What Does the TAKE IT DOWN Act Do?<\/span><\/h2>\n

The TAKE IT DOWN Act makes it a federal crime to \u201cknowingly publish\u201d\u00a0Non-Consensual Intimate Images (NCII)<\/a>, including\u00a0AI-generated deepfakes<\/a>.\u00a0It 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.<\/p>\n

TAKE IT DOWN also criminalizes threatening publication for the purpose of \u201cintimidation, coercion, extortion, or to create mental distress.\u201d<\/p>\n

Individuals who share NCII depicting adults can face fines, restitution, asset forfeiture, and up to two years in prison.\u00a0If the victim is a minor under 18yrs old, the maximum sentence increases to three years.<\/p>\n

<\/span>What Crimes Does This Law Combat?<\/span><\/h3>\n

The TAKE IT DOWN Act applies to any\u00a0crime involving NCII<\/a>. 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 \u201cdigital forgeries\u201d like AI-generated deepfakes.<\/p>\n

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.<\/p>\n

The TAKE IT DOWN Act addresses the following crimes:\u00a0<\/strong><\/p>\n