Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act

The law gives victims a federal remedy against image-based abuse and requires covered platforms to respond quickly to valid removal requests.

What the law does ​

• Makes knowing publication or threatened publication punishable by fines and up to two years in prison for images involving adults or three years for images involving minors.
• Covers authentic images and realistic computer-generated or manipulated images of identifiable people.
• Clarifies that consent to create or privately share an image does not by itself authorize publication.
• Requires covered platforms, within one year, to establish a clear reporting process and remove reported images and known identical copies within 48 hours of a valid request.
• Allows the Federal Trade Commission to enforce platforms’ failure to reasonably follow the removal requirements.
• Exempts specified law-enforcement, legal, medical, educational, reporting, support, and victim-assistance uses from the criminal prohibitions.

Who it affects ​

• People whose intimate images or realistic digital forgeries are published without consent.
• Online platforms that host user content and must operate the notice-and-removal process.
• People who knowingly publish or threaten to publish covered images.

Breakdown ​

Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act ​

The TAKE IT DOWN Act makes it a federal crime to knowingly publish or threaten to publish certain nonconsensual intimate images, including realistic digital forgeries, through online services. It also requires covered online platforms to create a reporting process and remove reported images and known identical copies within 48 hours of a valid request.

Key takeaways

• Publishing covered intimate images involving adults can result in a fine, up to two years in prison, or both, while offenses involving minors can result in a fine, up to three years in prison, or both.
• The law covers authentic images and realistic computer-generated or manipulated images of identifiable people.
• Consent to create or privately share an intimate image does not by itself mean consent to publish it.
• The criminal prohibitions include exceptions for specified law enforcement, legal, medical, educational, reporting, support, and victim-assistance purposes.
• Covered platforms must establish a clear notice-and-removal process within one year and act on valid requests within 48 hours.
• The Federal Trade Commission may enforce platforms’ failure to reasonably comply with the notice-and-removal requirements.