Introduction
The TAKE IT DOWN Act [1] [2] [4] [9], signed into law by President Donald Trump on May 19, 2025, represents a significant federal effort to combat the distribution of non-consensual intimate imagery (NCII), including AI-generated deepfakes and revenge porn [11]. This bipartisan legislation [1] [11], co-sponsored by Senators Amy Klobuchar and Ted Cruz [1] [6], marks the first major federal regulation of AI-generated content in the United States.
Description
On May 19, 2025 [1], President Donald Trump signed into law the TAKE IT DOWN Act, a landmark piece of bipartisan legislation aimed at addressing the distribution of non-consensual intimate imagery (NCII), including AI-generated deepfakes and revenge porn [11]. Co-sponsored by Senators Amy Klobuchar and Ted Cruz [1], this Act represents the first significant federal regulation of AI-generated content in the United States [2]. It criminalizes the non-consensual publication or threat of publication of intimate imagery [6], which encompasses both authentic and computer-generated pornographic images and videos of identifiable individuals [10]. Offenders may face penalties of up to three years in prison [2], mandatory restitution [5] [8], and potential fines [5] [9].
The TAKE IT DOWN Act mandates that social media platforms and websites remove NCII within 48 hours of a verified request from victims and implement procedures to eliminate duplicate material. However, this stringent timeline has raised concerns among activists regarding the potential for frivolous takedown requests, particularly as smaller digital platforms may resort to automated filters that could mistakenly flag legal content. The Act clarifies that consent to create an image does not equate to consent for its publication [4] [10], allowing for good faith disclosures to law enforcement [4]. Critics argue that the bill’s narrow focus on AI-generated imagery that is “indistinguishable from an authentic visual depiction” is vague [9], which could lead to challenges in enforcement and potential misuse [9], echoing issues seen with existing laws like the Digital Millennium Copyright Act [9].
This legislation is particularly significant as it fills a gap in federal protections, which previously were limited to explicit images of children [3], while adult victim protections varied by state [3]. The law was influenced by the case of a teenager who became a victim of explicit deepfake images [7] [11], underscoring the urgent need for such legislation and the difficulties victims encounter in having such content removed. However, there are concerns that the lack of adequate safeguards against false reports could disproportionately affect marginalized groups, including sex workers and LGBTQ+ individuals [9].
During the signing ceremony [7], President Trump emphasized the bill’s importance in combating online sexual exploitation [7], while Senator Cruz described it as a significant victory for victims [7]. The law has garnered support from over 120 organizations [4], including victim advocacy groups and law enforcement [4], and received strong bipartisan backing, passing the House with a 409-2 vote and the Senate unanimously [6].
While the TAKE IT DOWN Act is a crucial step forward, it has faced criticism from free speech advocates and digital rights organizations [6]. Concerns have been raised about the broad language of the law potentially leading to the censorship of legitimate content, including legal pornography and government criticism [5]. Critics warn that the stringent removal timeline may pressure platforms to monitor encrypted communications, risking the unjust removal of lawful images. Hypothetical scenarios illustrate the potential consequences of the legislation [9], such as a satirical artist facing legal action for a politically charged illustration [9], which could lead to severe penalties and financial ruin [9]. Conversely [9], cases involving underage individuals depicted in deepfake content may not receive appropriate legal attention due to the bill’s stringent definitions [9]. Supporters argue that the law is a necessary response to the increasing prevalence of non-consensual intimate imagery [11], particularly as advancements in AI technology have made the creation of explicit deepfakes more accessible [11]. The Federal Trade Commission is tasked with enforcing the Act [4], which aims to balance the need for regulation with the protection of lawful speech, ensuring that computer-generated NCII meets a “reasonable person” standard for indistinguishability from authentic images [4].
In addition to federal measures, states like Tennessee have enacted legislation to prohibit the posting of intimate deepfakes online, making it a felony to disclose or threaten to disclose intimate digital depictions with the intent to harm the individual depicted [10]. Victims of deepfakes are empowered to sue for financial damages against those who share their images or videos without consent [10], further strengthening protections against the misuse of intimate imagery. Overall, while the legislation aims to protect vulnerable populations [9], it may inadvertently empower those in positions of authority and create further risks for individuals it seeks to assist [9].
Conclusion
The TAKE IT DOWN Act is a pivotal step in addressing the challenges posed by non-consensual intimate imagery and AI-generated content. While it strengthens protections for victims and fills critical gaps in federal law, it also raises concerns about potential overreach and unintended consequences. The Act’s implementation will require careful monitoring to ensure it effectively balances the protection of individuals’ rights with the preservation of free speech and digital freedoms.
References
[1] https://www.jdsupra.com/legalnews/first-of-its-kind-federal-legislation-1075064/
[2] https://www.mintz.com/insights-center/viewpoints/54731/2025-05-22-president-trump-signs-ai-deepfake-act-law-and-house
[3] https://www.cnn.com/2025/05/19/tech/ai-explicit-deepfakes-trump-sign-take-it-down-act
[4] https://www.commerce.senate.gov/2025/5/sen-cruz-applauds-presidential-signing-of-the-take-it-down-act-into-law
[5] https://techcrunch.com/2025/05/19/trump-to-sign-bill-criminalizing-revenge-porn-and-explicit-deepfakes/
[6] https://www.pbs.org/newshour/politics/watch-live-trump-signs-take-it-down-act-bill-combating-nonconsensual-deepfakes-and-revenge-porn
[7] https://www.fox4news.com/news/trump-take-it-down-act-revenge-porn-deepfakes
[8] https://www.nbcnews.com/politics/white-house/trump-sign-bill-cracking-deepfake-pornography-rcna207693
[9] https://slate.com/technology/2025/05/deepfake-trump-take-it-down-act-revenge-porn-explained.html
[10] https://www.usatoday.com/story/news/politics/2025/05/21/what-is-the-take-it-down-act-congress-tackles-deepfakes-revenge-porn/83744872007/
[11] https://www.armstrongandgetty.com/content/2025-05-19-president-trump-signs-take-it-down-act-making-some-deepfake-porn-illegal/
