Introduction
The TAKE IT DOWN Act [3], signed into law by President Trump on May 19, 2025, represents a significant legislative effort to address the challenges posed by non-consensual intimate imagery (NCII), including AI-generated deepfakes [3] [4] [5]. This law [1] [2] [4] [5], alongside other AI-related measures, marks a pivotal moment in the regulation of AI technologies and their societal impacts.
Description
On May 19, 2025 [5], President Trump signed the TAKE IT DOWN Act into law [3], establishing a federal crime for the publication of non-consensual intimate imagery (NCII), which includes AI-generated deepfakes [3]. This groundbreaking legislation, one of the first of its kind in the US to specifically address the risks associated with AI-generated content, received broad bipartisan support and backing from over 100 organizations [1], including major tech companies [1]. It criminalizes the distribution of intimate images without consent [2] [5], enhancing protections for victims of revenge porn and increasing accountability for platforms that host such material [1]. The Act mandates that social media companies remove flagged content within 48 hours of notification from victims and requires the implementation of a notice-and-removal process by May 19, 2026. It introduces a reasonable person test for determining NCII and mandates reasonable efforts to eliminate any copies of such content. Violators face penalties, including imprisonment for up to three years and fines, particularly for offenses involving minors [2]. The Federal Trade Commission has been designated as the enforcement agency for this law [2], which requires compliance within a year [6].
In addition to the TAKE IT DOWN Act, a reconciliation package passed by House Republicans includes measures related to AI [3], such as a proposed 10-year ban on state AI regulations and significant federal investments in AI initiatives [3]. The package allocates $500 million to the Department of Commerce for modernizing federal IT systems with AI and over $1.2 billion to the Department of Defense for AI projects [3]. The moratorium on state AI laws aims to prevent a fragmented regulatory landscape [3], although it has faced opposition from Democratic lawmakers and privacy advocates [3].
In related developments [3], President Trump announced $200 billion in business deals with the United Arab Emirates (UAE) focused on AI and advanced technologies [3], including the establishment of a new US-UAE AI Acceleration Partnership. This partnership seeks to enhance cooperation on critical technologies and includes plans for a large AI data center in the UAE [3]. These actions follow the rescindment of the Biden-era AI diffusion rule [3], which would have imposed export controls on certain AI chips [3].
Concerns have been raised regarding the broad scope of the TAKE IT DOWN Act, with critics arguing it could infringe on free speech and lead to the wrongful removal of lawful content [4]. Digital rights organizations have expressed worries about potential infringements on privacy and free speech [2], particularly regarding false reporting and encrypted communications [2]. Legal experts suggest that the law’s ambiguous language may complicate its enforcement and could lead to future legal challenges [6], highlighting the need to reevaluate existing legal frameworks, such as Section 230 of the Communications Decency Act [4], in light of evolving technologies and the unique challenges posed by the modern internet [4].
Conclusion
The enactment of the TAKE IT DOWN Act and related AI measures signifies a crucial step in addressing the complexities of AI and digital content regulation. While the legislation aims to protect individuals from the harms of non-consensual imagery, it also raises important questions about free speech, privacy [2] [3] [5], and the adaptability of existing legal frameworks. As these laws take effect, ongoing dialogue and evaluation will be essential to balance technological innovation with the protection of individual rights.
References
[1] https://edition.cnn.com/2025/05/19/tech/ai-explicit-deepfakes-trump-sign-take-it-down-act
[2] https://www.cnet.com/tech/services-and-software/trump-signs-bill-banning-deepfakes-nonconsensual-images-what-to-know/
[3] https://www.jdsupra.com/legalnews/president-trump-signs-ai-deepfake-act-9585376/
[4] https://news.northeastern.edu/2025/05/20/take-it-down-act-internet-regulation-northeastern/
[5] https://natlawreview.com/article/bipartisan-take-it-down-act-becomes-law
[6] https://aicommission.org/2025/05/trump-signs-the-take-it-down-act-into-law/
