Hunton Andrews Kurth writes:
On May 19, 2025, President Trump signed into law the Take It Down Act (“Act”), which bans the nonconsensual online publication of sexually explicit images and videos that are both authentic and computer-generated, and includes notice and takedown obligations for covered online platforms.
Below is a summary of key aspects of the Act.
Authentic Imagery and Digital Forgeries
Authentic Imagery. With respect to intimate visual depictions that are authentic and involve adults, the Act makes it unlawful for any person to use an interactive computer service to knowingly publish a depiction of an “identifiable” adult (e.g., based on a distinguishing characteristic such as a birthmark or recognizable feature) if: (1) it was obtained or created under circumstances in which the person knew or reasonably should have known the adult had a reasonable expectation of privacy; (2) what is depicted was not voluntarily exposed by the adult in a public or commercial setting; (3) what is depicted is not a matter of public concern; and (4) publication of the depiction is intended to cause harm or causes harm, including psychological, financial or reputational harm, to the identifiable individual. Regarding minors, the Act makes it unlawful for any person to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual minor with intent to abuse, humiliate, harass or degrade the minor or arouse or gratify the sexual desire of any person.
Digital Forgeries. The Act also makes it unlawful for any person to use an interactive computer service to knowingly publish a digital forgery of an identifiable adult if (1) the digital forgery was published without the consent of the adult; (2) what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting; (3) what is depicted is not a matter of public concern; and (4) publication of the digital forgery is intended to cause harm, or causes harm, including psychological, financial or reputational harm, to the adult. Regarding minors, the Act makes it unlawful for any person to use an interactive computer service to knowingly publish a digital forgery of an identifiable minor with intent to abuse, humiliate, harass or degrade the minor, or arouse or gratify the sexual desire of any person.
Read more at Privacy & Information Security Law Blog.