Take It Down or Take It Too Far? The Legal Fallout of New Online Takedown Powers
Bad faith actors have long used intimate imagery to inflict pain and smear the reputations of the vulnerable and famous alike. In recent years, new technologies have developed that enable the creation of more of this content, often requiring only a simple image of the victim’s face.
The TAKE IT DOWN Act represents a monumental step in the regulation of artificial intelligence and deepfake non-consensual intimate imagery by imposing criminal liability for individual creators while establishing rules for platforms that host this content. However, the Act contains ambiguous language, and its few exceptions do not extend far enough. As a result, the Act conflicts with policy purposes of Section 230, runs the risk of chilling speech, and could hinder the development of internet platforms. This Note proposes a few simple changes aimed at addressing free speech critiques while solidifying the Act’s ability to withstand a constitutional challenge.
PDF: https://journals.law.unc.edu/ncjolt/wp-content/uploads/sites/4/2025/11/NOTE_Greeno_To_Publish_Final11.24.25.pdf
Author: Taylor Greeno
Volume 27, Issue 2