The TAKE IT DOWN Act: A Federal Response to Non-Consensual Intimate Imagery and AI-Generated Deepfakes

Congress has passed the bipartisan TAKE IT DOWN Act, aimed at combating AI-generated and non-consensual intimate imagery online. While praised as a major step against digital sexual abuse, the law raises serious concerns about free speech, due process, and platform liability. It bypasses Section 230 by using FTC enforcement authority, placing sweeping obligations on platforms to remove content within 48 hours. Privacy advocates warn that it may incentivize surveillance and undermine encryption protections.