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Brigham Young University Prelaw Review

Keywords

TAKE IT DOWN Act, revenge porn, deepfake, nonconsensual intimate imagery (NCII), nonconsensual pornography, AI, obscenity, notice-and-removal

Abstract

In the past decade, there has been an increase in digital forgeries leading to the phenomena many have called “revenge porn.” This form of Nonconsensual Intimate Imagery (NCII) has been facilitated by AI-models that allow users to create false images or videos of someone’s likeness, often referred to as deepfakes. In an attempt to combat the dissemination of such forged NCIIs, Congress enacted the TAKE IT DOWN Act. The Act institutes a notice-and-removal procedure for victims to request the removal of  NCIIs depicting their likeness on covered platforms. While the TAKE IT DOWN Act sufficiently addresses some concerns, certain aspects otherwise seem to fall short of legislative intention, preventing the overall effectiveness of the Act. This Note will address these deficiencies in an attempt to revitalize the Act’s intended purpose. Overall, this Note proposes simple yet vital amendments to strengthen the Act’s defense against artificial NCIIs and protect victims by effectively regulating deepfake distribution.

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