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The Investigative Complexities of the TAKE IT DOWN Act
The increasing prevalence of cyberstalking, harmful deepfakes and online harassment is creating profound risks for individuals and organizations. So much so that Congress has implemented a federal statute designed to shift liability toward online platforms and provide victims with enforceable removal rights.
Enacted in May 2025, the TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks) is the first federal legislation to address both unadulterated non-consensual intimate imagery and digital forgeries, marking a significant milestone in U.S. content regulation. It is also the first federal recognition of deepfakes as a category of harmful online content warranting federal oversight. While previously, victims had limited options to remove this kind of material online, this new law will require platforms to implement programs to enable recourse, ostensibly removing longstanding gaps in online safety in the U.S. Covered platforms, including public websites and mobile apps, must establish procedures for removal requests, must act within 48 hours of a valid request and take reasonable measures to prevent reoccurrence. Enforcement will begin in May 2026 and can include fines, imprisonment and restitution for those who publish or threaten to publish such content.
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