Understanding the TAKE IT DOWN Act: Protecting Your Digital Identity

November 25, 2025

Summary 

If someone posted (or threatened to post) private photos or an AI “deepfake” of you, it probably felt like your life went sideways in seconds. For California residents who live a lot of life online, that fear is very real. 

The TAKE IT DOWN Act is a new federal law aimed at stopping the spread of non-consensual intimate images (often called NCII) including AI-generated deepfakes and giving victims a faster way to get that content removed. 

In this guide, we’ll walk through: 

• What the TAKE IT DOWN Act actually does 

• Who it protects (including minors and young adults) 

• How the 48-hour takedown process works 

• What penalties offenders face 

• Limits and concerns you should know about 

• How this fits with protections you already have in California 

• When it makes sense to talk to a lawyer 

The goal is to give you clear, calm, and practical information so you can decide what to do next. 

What the TAKE IT DOWN Act Actually Is 

The full name is a mouthful: the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act. Lawmakers from both parties backed up it, and it passed Congress with overwhelming support. 

At its core, the law does two big things: 

1. Creates new federal crimes for publishing or threatening to publish NCII, whether the images are real or AI-generated. 

1. Forces websites, apps, and platforms to remove reported NCII within 48 hours and try to stop it from popping back up. 

This matters a lot in a state like California, where social media, content creation, and AI tools are part of everyday life. 

Why this law exists now 

Abuse involving deepfakes and “nudify” tools has exploded. One major trust-and-safety company reported a 105% surge in AI-generated non-consensual intimate imagery between 2022 and 2024, more than double in just two years. 

For many victims especially women, minors, and LGBTQ+ youth these images lead to: 

• Harassment and bullying 

• Job or school problems 

• Anxiety, depression, even self-harm risks 

The TAKE IT DOWN Act is Congress’s attempt to catch up with that reality. 

What Counts as Non-Consensual Intimate Images (NCII) 

Under the Act, NCII covers more than just “revenge porn.” 

It can include: 

• Private sexual or nude images or videos shared without your consent 

• Photos or videos that show intimate body parts or sexual activity where you had a reasonable expectation of privacy 

• Deepfake or AI-generated images that place your face on someone else’s body in a sexual way 

A key point: even if you once consented to take the photo or send it privately, the law treats public posting without consent as a different act. Consent to create or share in a private context does not equal consent to publish it to the world. 

The law also carves out specific exceptions, such as: 

• Good-faith reporting to law enforcement 

• Use in legal proceedings 

• Certain medical or educational uses 

• Publishing images of yourself that you choose to share 

Who the TAKE IT DOWN Act Protects 

The Act protects adult victims and minors, but it treats minors more strictly because of the added harm. 

Adults 

If explicit or intimate images of you go online without your consent, you may be protected, whether those images are: 

• Real photos or videos 

• AI-generated deepfakes 

• Composites or altered content meant to look real 

The person behind the upload or even someone who re-shares it can face criminal charges if certain conditions are met. 

Minors and young adults 

The law is even tougher when the person in the images is under 18: 

• Publishing NCII of a minor can bring up to 3 years in federal prison, versus 2 years for adult victims. 

• The law focuses on whether the person posting intended to abuse, humiliate, harass, or degrade the minor, or to gain sexual gratification. 

There’s also protection for people who are now over 18 but whose intimate content was created when they were minors. That’s especially important for college students and young workers in California trying to move forward from something that happened in high school. 

Parents or guardians can often file on a minor’s behalf, though there may be situations where a teen files directly to protect their privacy. 

What Happens to Offenders: Penalties in Plain English 

The criminal side of the TAKE IT DOWN Act is meant to deter abuse and give prosecutors stronger tools. Here’s a simplified view of the potential penalties: 

Publishing real intimate images (adult victim) 

Up to 2 years in federal prison + fines 

Publishing real intimate images (minor victim) 

Up to 3 years in prison + fines 

Publishing deepfake or AI-generated NCII (adult or minor) 

Similar ranges (up to 2–3 years depending on age and facts) 

Threatening to publish NCII (extortion, coercion, “send more or I’ll post this”) 

For adults: up to 2 years in prison 

Threats involving minors or deepfakes can carry higher ranges (up to 30 months) 

On top of prison and fines, courts can order: 

• Asset forfeiture – taking devices or equipment used to commit the crime 

• Restitution – paying the victim for financial losses and counseling costs 

For a California victim, this means the person who harmed you faces real federal consequences, not just a slap on the wrist. 

How the 48-Hour Takedown Process Works 

The most victim-focused part of the law is the takedown system. It’s designed to give you a faster, lower-bar way to get NCII removed. 

Here’s how that process generally works for covered platforms: 

1. Collect key information

Before you submit a request, gather: 

• Links (URLs) or screenshots of where the image appears 

• A short statement that says you did not consent to the posting 

• Proof of your identity (for example, an ID or selfie, depending on the platform’s rules) 

You do not need a court order or a lawyer just to file a takedown request. 

2. Submit a takedown request

Platforms must provide clear instructions, usually a form or a dedicated reporting page where you can flag NCII and request removal. 

When you submit, be as specific as you can. Include every link or account where you see the content. 

3. Platform’s 48-hour removal window

Once a platform receives a valid request, it has about 48 hours to: 

• Remove the reported image 

• Remove identical copies it can locate 

• Take “reasonable steps” to stop the same content from being reposted 

If a platform drags its feet or ignores the request, it risks enforcement by the Federal Trade Commission (FTC), including civil penalties that can reach roughly $51,000 per violation. 

4. If the image shows up again

Bad actors sometimes repost under new accounts or move to other sites. You can: 

• Submit new requests to each platform 

• Keep a log of dates, links, and responses 

• Talk to a lawyer if the reposting turns into a pattern of harassment, stalking, or extortion 

What Platforms and Apps Are Required to Do 

The law applies to a wide range of services, not just big social networks. 

Covered platforms include: 

• Social media sites (photo, video, streaming apps) 

• Online storage and file-sharing services 

• Forums and community sites 

• Messaging apps and chat services (with some technical limits) 

• AI services that generate or host user-created content 

Platforms must: 

• Set up and publicize a takedown process 

• Respond to valid NCII reports within 48 hours 

• Keep records of notices, removals, and steps they take 

• Have systems in place no later than May 2026 

For victims, this means more leverage. For platforms, it creates serious operational pressure, especially because the law allows enforcement even where traditional Section 230 protections would have blocked some claims. 

Limits, Risks, and Concerns You Should Know About 

No law is perfect, and experts have pointed out some real concerns. 

• Risk of over-removal:
  Policy groups warn that broad takedown rules can encourage platforms to remove content too quickly, including legal speech, satire, or news images, to avoid liability. 

• Potential misuse:
  Critics worry that public figures or political actors could abuse NCII claims to force removal of unflattering or critical images. 

• Impact on encrypted apps:
  End-to-end encrypted services may find it hard to detect duplicates or enforce takedowns without weakening privacy protections that many users rely on. 

What does this mean for you? 

• A well-documented request with precise links, screenshots, and a clear statement of non-consent helps platforms and reduces misunderstandings. 

• If a platform removes something you believe is lawful and important, you may need legal advice about how to respond or appeal. 

How This Fits with California Law 

The TAKE IT DOWN Act is federal, but Californians also have state-level protections, including: 

• California’s “revenge porn” law (Penal Code 647(j)(4)), which makes it a crime to distribute certain intimate images without consent 

• Civil harassment restraining orders, which can apply when NCII is part of a harassment pattern 

• Other laws covering stalking, threats, and cyber-bullying 

In many cases, both state and federal law can apply. A California case might involve: 

• A local police report or restraining order 

• A federal investigation or prosecution 

• Parallel civil claims for damages 

This is one of the reasons many people choose to talk to a California-based attorney who understands both systems. 

Practical Steps if You’re a Victim in California 

If you wake up to find your photo or a deepfake of you online, here are some immediate steps: 

1. Stay as calm as you can. Take a breath before reacting publicly. 

1. Capture evidence. Take screenshots showing the image, usernames, timestamps, and any threatening messages. 

1. File platform takedown requests. Use the NCII or “intimate image” reporting tools on each site where the content appears. 

1. Avoid negotiating with the person posting or threatening. Extortion often escalates. 

1. Consider reporting law enforcement, especially when minors, threats, or extortion are involved. 

1. Talk to a lawyer if the situation feels severe, repeats, or affects your work, school, or safety. 

When to Talk to a California Attorney 

You don’t need a lawyer to submit a basic TAKE IT DOWN request, but legal help can make a big difference when: 

• Someone is threatening to post images to control, stalk, or extort you 

• The victim is a minor or a college student, and you’re worried about long-term impact 

• The same person keeps reposting or targeting you across platforms 

• Platforms ignore valid reports or refuse to act 

• You’re considering restraining orders, civil lawsuits, or want to push for criminal charges 

A California attorney with experience in digital privacy, juvenile issues, and online harassment can help you: 

• Coordinate platform takedowns and legal notices 

• Communicate with law enforcement in a way that protects you 

• Seek restraining orders or civil damages where appropriate 

• Plan for long-term digital reputation protection 

On DefendCA, you can explore our pages on juvenile defense, cybercrime, and online harassment, and reach out for a confidential consultation if you or your child need help. 

Final Thoughts: You Have Options 

If someone shares or fabricates intimate images of you, it can feel like they’ve taken control of your story. The TAKE IT DOWN Act doesn’t fix every problem, but it gives you: 

• Stronger criminal penalties against people who publish or threaten you with NCII 

• A 48-hour takedown mechanism to push platforms to act 

• Additional leverage when combined with California’s own privacy and harassment laws

You don’t have to navigate this alone. If you’re in California and dealing with non-consensual images, deepfakes, or online threats, consider talking with a lawyer who understands the new law and how to protect your digital identity. 

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