Source: TechPolicy.Press

TechPolicy.Press analyzes the policy implications of the "TAKE IT DOWN Act" (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act), which was passed by the U.S. Congress in May 2025. The Act introduces a federal criminal prohibition on the intentional disclosure of non-consensual intimate visual depictions, specifically including "digital forgeries" created via AI. As of January 2026, online platforms are under a one-year countdown to establish the necessary notice-and-takedown infrastructure required by the law, with a final compliance deadline set for May 19, 2026.

The legislation imposes strict penalties for violators, including up to three years of imprisonment for sharing non-consensual deepfakes of adults and even more severe consequences when minors are involved. Covered platforms must provide accessible mechanisms for victims to request the rapid removal of unauthorized imagery. This federal move aims to harmonize the current patchwork of state laws and provides a powerful legal tool for victims of digital "nudification," a problem that has surged recently with the rollout of uncensored image generators. The Act emphasizes that platform immunity under Section 230 does not exempt them from these specific takedown obligations.