On May 19, 2025, President Donald Trump signed into law the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, commonly referred to as the Take It Down Act (S.146) (the Act).Presented as a part of First Lady Melania Trump's anti-bullying "Be Best" initiative,this bipartisan legislation introduces significant federal measures to combat the distribution of nonconsensual intimate imagery (NCII), including AI-generated deepfakes, and imposes new obligations on online platforms.
Key Provisions
The Act amends Section 223 of the Communications Act of 1934 (47 U.S.C. 223) to make it a federal crime to knowingly distribute sexually explicit images without the subject's consent.This includes both authentic and AI-generated content.Offenders may face fines and imprisonment, with enhanced penalties for cases involving minors.Covered platforms (defined below) are required to remove reported NCII within 48 hours of receiving a valid complaint.Failure to comply can result in mandatory restitution and criminal penalties, including prison, a fine or both.
The criminal provisions took effect upon the law's signing on May 19. Online platforms have one year from the enactment date to establish processes for the prompt removal of NCII.
Considerations
Online platforms should first determine whether their websites or apps qualify as a "covered platform" under the Act. This includes platforms that primarily provide a public forum for user-generated content, such as social media sites, forums and certain messaging services. Services like ISPs, email providers or platforms without significant user-generated content may be exempt.
A covered platform will then have to develop a robust takedown process, including clear user notifications, a process for appeals and well-trained staff. Allocating proper resources now and starting a plan for responding to reports of NCII will help covered platforms remain compliant when these requirements take effect next year.
Kramer Levin's Privacy, Cybersecurity and Data Innovation Groupand Artificial Intelligence Group are available to assist clients in navigating the implications of the Take It Down Act.Please contact us for further information or guidance.
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