Yes, publishing and distributing deepfake porn without consent is a crime in the USA. The TAKE IT DOWN Act prohibits the publication and sharing of this type of content. First Lady Melania Trump strongly supported the legislation, and President Trump signed it into law last year. Since then, authorities have pursued numerous cases involving revenge porn and non-consensual deepfake content. Law enforcement agencies now actively target criminals who use AI technology to commit digital forgery and create deepfake pornographic material.
Key takeaways
- Publishing and distributing non-consensual deepfake porn is illegal in the USA.
- The TAKE IT DOWN Act is now in full effect, meaning that sharing and publishing revenge porn and non-consensual deepfake intimate content is a crime.
- Enforcement is active — authorities actively arrest offenders and fine content platforms that fail to comply.
- Victims can request removal of questionable content directly from platforms and report non-compliant companies via the FTC portal.
What is the TAKE IT DOWN Act?
Last year, the Trump administration signed the TAKE IT DOWN Act. Which is an acronym for Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act. The federal bill aims to criminalize the publication of revenge porn and other types of explicit content involving intimate partners who did not give consent. Before lawmakers sent it to the President’s desk, they expanded the bill to include non-consensual deepfake material depicting a real person. The United Kingdom and the European Union have also introduced similar laws.
Have people been arrested for sharing deepfake porn without consent?
Last month, authorities arrested two individuals for violations relating to the TAKE IT DOWN Act. If a court finds them guilty, Cornelius Shannon and Arturo Hernandez could face penalties for posting thousands of pornographic images and videos depicting real people, including actresses, singers, and private individuals. None of the X-rated materials they created and distributed had the consent of the approximately 140 victims featured in the content they shared online. Most of the victims live in the USA. The offenders used AI to create the content, and millions of people have viewed it, causing irreversible harm to the victims. Both individuals could face sentences of up to two years in prison.
Is deepfake pornography sharing a victimless crime?
No, it is not. The United States Attorney Joseph Nocella, Jr. has made it clear that distributing deepfake pornography materials is not a victimless crime. The disturbing abuse of the latest technology, which includes AI, causes emotional harm to the victims and violates their privacy, dignity, and security. Victims often have real-life consequences after X-rated content becomes public without their consent.
Are social media companies and Big Tech up to speed with the TAKE IT DOWN Act?
They have had a year-long compliance period, and companies in general have always been trying to prevent cases of revenge porn. However, now that the 1-year grace period is over, tech companies need to be spotless, as the perpetrators posting explicit content without consent will not be the only ones in hot water. Social media networks such as Facebook, TikTok, and X have been notified by the Federal Trade Commission (FTC) that they will have up to 48 hours to remove any reported content or face hefty fines of over $50,000 per case. The same goes for other Big Tech names that have similar content on their platforms, such as Google and Amazon.
Is there anything victims can do if companies fail to act on a request for content removal or don’t even have a section for submitting a request?
FTC has created a portal that allows victims to report companies for failing to comply with the law – https://takeitdown.ftc.gov/. People who are affected by revenge porn or deepfake content need to contact the platform hosting the non-consensual content and request a removal. If the platforms fail to do so within 48 hours, the FTC wants people to report the platform and allow the FTC to intervene.
AI brings a lot of convenience but also comes with a fair risk of misuse, including people using the cutting-edge technology to create deepfake pornographic images and videos. Law enforcement agencies are actively working to combat such misuse and are going after perpetrators and platforms that fail to comply with the law. Similar to revenge porn, digital forgery and the creation of deepfake pornographic content can take a serious toll on victims and can have real-life consequences.
