The new federal law that makes AI-generated deepfakes illegal

The Take It Down Act marks a pivotal federal response to the proliferation of AI-generated explicit imagery, creating the first nationwide protections against non-consensual deepfakes. After high-profile victims from celebrities to high school students suffered from having their faces superimposed onto nude bodies, this bipartisan legislation establishes clear criminal penalties and platform responsibilities. This rare moment of congressional unity illustrates how certain AI harms can transcend political divisions, particularly when targeting vulnerable individuals.

The big picture: President Trump is set to sign the Take It Down Act on Monday, establishing federal protections against non-consensual explicit images regardless of whether they’re authentic or AI-generated.

• The law makes sharing such images illegal and requires platforms to remove them within 48 hours of notification.
• This legislation represents one of the first federal laws specifically addressing AI-generated content harms as the technology rapidly advances.

Why this matters: Prior to this law, protections for adult victims of explicit deepfakes varied widely by state, creating an inconsistent patchwork of accountability.

• Federal law previously only prohibited AI-generated explicit images of children, leaving adult victims with limited recourse.
• The new legislation provides law enforcement with clear guidance on how to prosecute these violations.

Notable support: The Take It Down Act passed nearly unanimously through Congress with only two House representatives dissenting, demonstrating rare bipartisan consensus.

• More than 100 organizations endorsed the legislation, including nonprofits and major tech companies like Meta, TikTok, and Google.
• The bill was first introduced last summer by Republican Senator Ted Cruz and Democratic Senator Amy Klobuchar.

The catalyst: The legislation gained momentum after Texas high schooler Elliston Berry became a victim when a classmate used AI to create and share a fake nude image of her on Snapchat.

• “Everyday I’ve had to live with the fear of these photos getting brought up or resurfacing,” Berry told CNN last year.
• Berry expressed relief that the legislation would ensure perpetrators face consequences.

Platform policies: Some technology companies had already implemented measures to address this issue before the federal mandate.

• Google, Meta, and Snapchat have existing systems where users can request removal of explicit images.
• Apple and Google have worked to remove AI services that convert clothed images into manipulated nude ones from their app stores and search results.

What they’re saying: Advocates see the legislation as a clear-cut case for regulating harmful AI applications.

• “AI is new to a lot of us and so I think we’re still figuring out what is helpful to society, what is harmful to society, but (non-consensual) intimate deepfakes are such a clear harm with no benefit,” said Ilana Beller of Public Citizen.
• Imran Ahmed, CEO of the Center for Countering Digital Hate, stated the law “finally compels social media bros to do their jobs and protect women from highly intimate and invasive breaches of their rights.”