Congress passed the TAKE IT DOWN Act and now awaits presidential signature. The bill criminalizes the creation and distribution of Nonconsensual Intimate Imagery (NCII) and deepfakes. This is the major federal law since 2018 to require platforms to remove online material. It’s a newly defined category of harmful content-nonconsensual intimate imagery (NCII), including AI-generated “deepfakes” – within a strict 48 hour window after notification. Online Service Providers (OSPs) have been cooperative in removing DMCA online content takedown requests but there has previously not been potential criminal liability with FTC Enforcement and Civil Penalties. There are criticisms of the TAKE IT DOWN Act such as by the Electric Frontier Foundation that it pressures platforms to activity monitor free speech.
