TAKE IT DOWN Act (S. 146)
Effective date
Penalty
Criminal: up to 2 years imprisonment for adults, enhanced penalties for minors. FTC civil penalties of approximately $53,088 per violation for platform non-c…
Obligations mapped
8 obligations
Overview
Requires covered online platforms to remove reported nonconsensual intimate imagery, including AI-generated deepfakes, within a short deadline after a valid notice. Dual effective dates: criminal provisions effective May 19, 2025 (date signed into law). Platform compliance deadline: May 19, 2026 (one year after signing). First federal law limiting the use of AI in ways harmful to individuals. Covers both authentic NCII and AI-generated deepfakes. Does not preempt state laws. FTC jurisdiction extended to nonprofit entities. First and only enacted federal AI-specific law signed by the Trump administration. Bipartisan 409-2 House vote, unanimous Senate passage.
This is federal enforcement guidance.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- United States federal law
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
S. 146
AI categories covered
- Consumer-facing AI
- General purpose AI
Specific AI use cases:
- Content generation
- Chatbots and virtual assistants
- synthetic media manipulation
- voice likeness synthesis
- political synthetic media
What this requires you to do
8 obligations identified from statutory analysis.
Section 2; 47 U.S.C. 223(h)(3)(A)
Section 2; 47 U.S.C. 223(h)(3)(B)
Section 2; 47 U.S.C. 223(h)(2)(A)
Section 2; 47 U.S.C. 223(h)(2)(B)
Section 2; 47 U.S.C. 223(h)(6)
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
Criminal: up to 2 years imprisonment for adults, enhanced penalties for minors. FTC civil penalties of approximately $53,088 per violation for platform non-compliance. FTC jurisdiction extended to nonprofits for enforcement of this Act.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
effective
Platform compliance provisions take effect
enforcement action
First conviction under the Act (Ohio man creating AI NCII)
signed
Passes House 409-2
signed
Passes Senate unanimously
introduced
S. 146 reintroduced in 119th Congress with 20 co-sponsors
introduced
Sen. Cruz introduces initial version in 118th Congress
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This rule references NIST AI RMF practices. See the federal NIST AI RMF entry for context and source links.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.