US TAKE IT DOWN Act: Governing AI Deepfakes & Platform Compliance

Recent analysis from the International Association of Privacy Professionals (IAPP) highlights a significant development in U.S. federal law with implications for AI governance: the passage of the TAKE IT DOWN Act. This legislation, which recently cleared the U.S. House of Representatives, specifically addresses the challenge of nonconsensual explicit images and videos, including content generated using artificial intelligence.

According to IAPP reporting, a key provision of the TAKE IT DOWN Act mandates that website operators and online service providers must remove nonconsensual explicit content within 48 hours of receiving a user request. Crucially for the realm of AI governance, the bill explicitly includes AI-generated "deepfake" content within this scope. This represents a direct legislative response to the proliferation of synthetic media and the potential for AI to be used to create harmful, deceptive content.

The inclusion of AI-generated deepfakes in the TAKE IT DOWN Act signals a growing recognition at the federal level of the need to govern the outputs of AI systems, particularly when those outputs can cause significant harm. For organizations operating online platforms, this creates new compliance obligations that directly intersect with their content moderation practices and their technical capabilities to identify and manage AI-generated material.

Analyzing the bill's provisions, IAPP staff have explored its implications for both privacy and AI. While primarily focused on nonconsensual content, the act's explicit mention of AI-generated material positions it as an early, targeted piece of federal legislation addressing specific negative consequences of AI use. It places a burden on platforms to not only respond to user reports but also potentially develop or utilize technologies capable of detecting or verifying whether content is AI-generated when handling removal requests.

This development underscores the rapidly evolving landscape of AI governance. As AI capabilities advance, the legal and regulatory frameworks are beginning to catch up, often in response to specific harms or risks like deepfakes. The TAKE IT DOWN Act serves as a concrete example of how regulators are starting to place direct operational requirements on entities regarding AI outputs.

Navigating these emerging AI governance requirements, particularly those involving content moderation and the handling of synthetic media, presents complex challenges for organizations. Understanding the scope of such laws, implementing appropriate policies, and ensuring technical and operational capabilities meet regulatory demands is essential for compliance and responsible AI deployment. This is an area where expert guidance is becoming increasingly critical.