The TAKE IT DOWN Act: What Every Adult Site Must Do by May 19
A new federal law makes sharing non-consensual intimate images — including AI deepfakes — a crime. Every platform hosting user content must implement a 48-hour takedown process or face FTC enforcement. Here's what it means for adult sites and their users.
What the Law Actually Says
On May 19, 2025, President Trump signed the TAKE IT DOWN Act into law. It passed Congress with near-unanimous bipartisan support — 409-2 in the House, unanimous in the Senate. Sponsored by Senator Ted Cruz (R-TX) and Senator Amy Klobuchar (D-MN), it was prompted by cases of high school students being targeted with AI-generated deepfake pornography.
The law does two things. First, it makes publishing non-consensual intimate imagery a federal crime — up to 2 years in prison for crimes against adults, 3 years for minors. This includes AI-generated deepfakes that realistically depict identifiable real people. Criminal enforcement is already active.
Second, it requires every platform that hosts user-generated content to implement a notice-and-takedown process for NCII by May 19, 2026. Platforms must remove reported content within 48 hours and make "reasonable efforts" to find and remove identical copies. The FTC enforces compliance — failure to act is treated as a deceptive or unfair trade practice.
What Platforms Must Do by May 19, 2026
Create a clear reporting system
Platforms must provide a visible, accessible process for victims to report NCII. This includes a way for the person depicted to verify their identity securely. No buried forms, no email-only processes — it has to be conspicuous.
Remove content within 48 hours
Once a valid request is received — including the requestor's good-faith statement that the image is non-consensual and information to locate it — the platform has 48 hours to take it down. California requires 24 hours under state law.
Remove identical copies
Platforms must make "reasonable efforts" to find and remove identical copies of the reported image. The law doesn't define what counts as reasonable, but platforms are advised to use image hashing and duplicate detection tools.
Post a conspicuous notice
Users must be able to find the takedown process easily — a clear link or disclosure explaining how to report NCII. This goes beyond DMCA notices that many sites already have.
Document compliance efforts
Platforms should document their processes, train moderation teams on handling sensitive NCII reports, and be prepared for FTC review. Good-faith compliance provides safe harbor protections.
Which Adult Sites Are Covered?
The law covers any website or app that "primarily provides a forum for user-generated content" or "regularly makes intimate visual depictions available." For adult sites, this means:
User uploads = covered. Must have takedown process.
Live content + recorded shows = covered.
User-generated by definition = covered.
User-posted content = covered.
Deepfakes of real people are now a federal crime.
User-uploaded art depicting real people = covered.
Exempt: Sites that only host operator-selected content (no user uploads), broadband providers, and email services. Pre-curated premium studio sites with no user-generated content may fall outside the law's scope — but most major adult platforms accept user content in some form.
DMCA vs TAKE IT DOWN: Two Different Systems
| DMCA | TAKE IT DOWN Act | |
|---|---|---|
| Protects | Copyright holders | Individuals depicted in NCII |
| Content type | Copyrighted works | Non-consensual intimate images + deepfakes |
| Takedown window | No specific deadline | 48 hours |
| Counter-notice | Yes — content can be restored | No formal counter-notice process |
| Enforcement | Courts (civil) | FTC (administrative) + DOJ (criminal) |
| Penalties | Civil damages | Up to 2-3 years prison + FTC fines |
| AI content | Not specifically addressed | Explicitly covers AI-generated deepfakes |
Most adult sites already have DMCA takedown pages. The TAKE IT DOWN Act requires a separate process — or an updated DMCA page that also handles NCII requests with the 48-hour deadline and duplicate removal requirements.
The Privacy and Free Speech Concerns
The EFF, Center for Democracy & Technology, Fight for the Future, Freedom of the Press Foundation, and several other civil liberties organizations have raised concerns about the law. They support fighting NCII but warn about unintended consequences.
The takedown mechanism could be abused by bad-faith actors to remove legal content — the same way DMCA has been weaponized for censorship. The law requires "good faith" from requestors but doesn't have the counter-notice safeguards that DMCA provides. Platforms are incentivized to take content down rather than risk FTC enforcement by leaving it up.
The law may also require platforms to scan private messages and encrypted content to comply with the "reasonable efforts" requirement to find identical copies. The EFF has warned this could undermine end-to-end encryption. And with the current FTC leadership structure, enforcement may not be applied evenly.
These are legitimate concerns. But for users of adult sites, the core requirement — that platforms must have a way for victims to get non-consensual images removed within 48 hours — is a meaningful protection that didn't exist at the federal level before this law.
What This Means If You Use Adult Sites
If someone posts your intimate images without consent: After May 19, 2026, every major adult platform must have a process to remove them within 48 hours. You don't need a lawyer. You don't need to file a DMCA claim. You submit a verified request and the platform has two days to act.
If you create or share content: Publishing intimate images of someone without their consent is now a federal crime, regardless of whether the image is real or AI-generated. "They sent it to me" is not a defense — consent to create does not equal consent to publish.
If you use AI porn generators: Creating realistic AI-generated intimate imagery depicting an identifiable real person without their consent is now a federal offense. This applies regardless of how the image was generated or where it's shared.
What to look for on sites you use: After May 19, check that the sites you visit have a visible NCII takedown process. Sites that haven't implemented one are either non-compliant or exempt — and non-compliance carries FTC enforcement risk that could affect the platform's stability. Our reviews already flag trust signals like DMCA pages, 2257 compliance, and RTA labels. We'll be adding TAKE IT DOWN Act compliance tracking as the deadline passes.
Timeline
Bill introduced by Sen. Cruz and Sen. Klobuchar
Passed House 409-2, Senate unanimous
Signed into law by President Trump. Criminal penalties take effect immediately
Platform compliance deadline — takedown systems must be operational
FTC begins enforcement. Non-compliant platforms face action
Frequently Asked Questions
What is the TAKE IT DOWN Act?
The TAKE IT DOWN Act (Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks) is a US federal law signed on May 19, 2025. It criminalizes publishing non-consensual intimate imagery (NCII), including AI-generated deepfakes, and requires platforms to remove such content within 48 hours of a valid request. The FTC enforces compliance.
When does the TAKE IT DOWN Act take effect?
Criminal penalties for individuals are already in effect since May 19, 2025. Platform compliance requirements — the 48-hour takedown process, reporting mechanisms, and duplicate removal — must be in place by May 19, 2026.
Does the TAKE IT DOWN Act apply to porn sites?
Yes. The law applies to any website, online service, or app that hosts user-generated content or regularly deals with intimate imagery. This covers virtually every adult platform: tubes, cam sites, creator platforms, forums, and social networks. Sites that only host pre-selected content from the operator (no user uploads) may be exempt.
What are the penalties for non-compliance?
For individuals who publish NCII: up to 2 years in prison for crimes against adults, up to 3 years for crimes involving minors. For platforms that fail to implement takedown processes: the FTC treats non-compliance as a deceptive or unfair trade practice, which can result in significant fines and long-term oversight.
What does a platform need to do to comply?
Platforms must: (1) create a clear, accessible system for reporting NCII, (2) allow victims to verify their identity securely, (3) remove reported content within 48 hours of a valid request, (4) make reasonable efforts to find and remove identical copies, and (5) provide conspicuous notice of the removal process to users.
Does the TAKE IT DOWN Act cover AI-generated deepfakes?
Yes. The law explicitly covers "realistic, computer-generated intimate images depicting identifiable individuals" — meaning AI-generated deepfake pornography of real people is now a federal crime. This is the first major US federal law to directly address AI-generated NCII.
What is the difference between the TAKE IT DOWN Act and DMCA?
DMCA handles copyright takedowns. The TAKE IT DOWN Act handles non-consensual intimate imagery takedowns. DMCA protects creators' intellectual property. TAKE IT DOWN protects individuals from having their intimate images shared without consent. Both use notice-and-takedown mechanisms, but they cover different types of content and have different legal frameworks. Many platforms will need to update their existing DMCA processes to also handle TAKE IT DOWN requests.
Can someone abuse the TAKE IT DOWN Act to take down legal content?
This is a concern raised by the EFF, CDT, and other civil liberties organizations. The law requires requestors to act in "good faith" but does not have the same counter-notice protections as the DMCA. Critics warn that bad-faith actors could misuse the system to remove legal content, similar to how DMCA has been abused for censorship.