The TAKE IT DOWN Act Goes Live

For tech and social media companies that may qualify as covered platforms, the federal TAKE IT DOWN Act is no longer a future compliance issue but an immediate enforcement risk. The Department of Justice (DOJ) recently announced the first conviction and another new criminal case under the law, which aims to combat the spread of nonconsensual intimate imagery online, including AI-generated and digitally altered content. In conjunction with the Department of Homeland Security, the DOJ also recently secured a federal warrant to seize two domains that were being used to publish digitally forged nonconsensual intimate images and videos in violation of the law. Simultaneously, the Federal Trade Commission (FTC) announced its enforcement of the law, which involves oversight of platforms, broadly defined to include social media companies, message forums, video gaming sites and other sites hosting or sharing user-generated content. The recent activity by these agencies reflects the