TAKE IT DOWN Act

The TAKE IT DOWN Act aims to safeguard people from non-consensual intimate images, including those generated or altered using AI. This federal bill outlines procedures for removing such content and imposes criminal penalties for violations.
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The legislation applies to "covered platforms," defined as interactive computer services that:  

  • Allow users to publish information, comments, messages, or images

  • Have more than 1,000,000 monthly active users over a 6-month period preceding notification

  • Are accessible to users in the United States

Criminalization Provisions

The platform is required to remove content within 48 hours.‍

  • Fine: up to $50,120 for each violation (each individual image and each incident counts separately).

  • Repeated violations = additional separate fines.

  • Enforcement is carried out by the Federal Trade Commission (FTC).

This applies to both real images and AI-generated content (deepfakes). The legislation specifies that consent to create an image does not constitute consent for its publication.
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Platform Obligations

Covered platforms receiving a notification about non-consensual intimate visual depictions must:

  • Review the notification within 48 hours

  • Remove or block access to the image if it meets the definition of non-consensual intimate visual depiction

  • Notify the user who submitted the notification about the decision taken

Platforms must also:

  • Implement a clear mechanism for users to submit removal requests

  • Remove copies of the flagged content when identifiable

  • Develop technical tools to detect and remove both real and AI-generated materials

  • Take reasonable measures to prevent re-publication of previously removed content

Content Removal Process

  • Platforms must create a mechanism for victims (or their representatives) to submit complaints with attestations of good faith.

  • Platforms are required to develop tools for the efficient detection and removal of prohibited content.

Special Considerations for Deepfakes

  • The legislation includes specific provisions for AI-generated content:

  • The deepfake must be indistinguishable from a real image to a "reasonable person" to qualify for removal, which provides protection for satire and artistic content

  • Even if a person consented to the creation of original photos, using them in deepfakes without permission remains illegal

Current Status

TAKE IT DOWN Act has been passed by both the Senate and the House of Representatives with overwhelming bipartisan support, and has now been sent to the President’s desk for signature.‍

Compliance Solution: Proofly

As digital platforms prepare to meet the stringent requirements of the TAKE IT DOWN Act, Proofly offers a comprehensive compliance solution. Our system is specifically designed to help platforms of all sizes meet the legal obligations outlined in this legislation with minimal operational disruption.

Proofly provides:‍

  • Instant analysis capabilities through our robust API, enabling platforms to quickly assess reported content

  • Advanced AI detection tools that can identify both genuine and AI-generated intimate imagery or video

  • A streamlined notification and review workflow that helps platforms meet the 48-hour response requirement

  • Convenient access through our Telegram bot for immediate analysis and verification

Proofly's technology is ready for immediate implementation, offering platforms a turnkey solution to ensure compliance with the TAKE IT DOWN Act while protecting user privacy and maintaining operational efficiency. Our systems have been developed with both legal compliance and user protection as primary objectives, making Proofly an ideal partner for platforms seeking to adapt to this important new legislation.

Best pricing on the market: from 0.05$ per request, robust speed