Annika Raj (National Coalition Against Deepfake Abuse), Zachary Kam (Duke University), Aiden Tauro (Duke University), Raiyan Choudhary (Duke University), and Nikhil Osuri (Duke University) have posted TAKE IT DOWN at Year One: A Public Record Review of Platform Compliance with the Federal Take It Down Act (2025-2026) on SSRN. Here is the abstract:
Nonconsensual intimate media (NCIM) inflicts significant harm, and the proliferation of AI-generated deepfakes has exacerbated the problem. The Take It Down Act (Public Law 119-12) established the first federal mandate requiring platforms to remove nonconsensual intimate media within 48 hours. We conducted a public record review of compliance across 10 distribution platforms during the Act’s first year (May 2025 to May 2026). We found that 9 of 10 platforms do not publish NCII-specific enforcement data, making compliance with the 48-hour standard unverifiable. The largest documented source of AI-generated NCII during the study period was Grok, an image generator operated by X, a platform simultaneously subject to the Act’s removal requirements. At the generation layer, two investigations identified over 100 Nudify applications across app stores, with a combined 705 million downloads, that operate entirely outside the Act’s statutory scope. We identified 19 school incidents since 2023 and a 16-month federal guidance vacuum following the vacatur of the 2024 Title IX rule. We stress the need for amendments to address the generation gap and discuss the implications for enforcement.
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