TAKE IT DOWN Compliance: Navigating Unanswered Questions

One year after the TAKE IT DOWN Act (TIDA) became law, the statute’s notice-and-takedown obligations are now in effect. Ahead of the May 19 effective date, the Federal Trade Commission (FTC) made clear that it was prepared to enforce the law on day one, and has since issued guidance to businesses, consumer-facing materials, and warning letters to companies that may fall within the law’s scope.

Federal authorities also have begun using the Act’s new tools as shown by the Department of Justice announcement last month of a criminal action involving websites that allegedly published AI-generated nonconsensual intimate imagery and seized associated domain names. While the case arose under the Act’s criminal provisions rather than its platform-compliance requirements, it underscores the federal government’s broader focus on addressing nonconsensual intimate imagery and AI-generated sexual deepfakes.