TAKE IT DOWN Act Remains Sole Federal Deepfake Statute Amidst Pending AI Legislation
As of November 9, 2026, the TAKE IT DOWN Act is the only federal statute specifically addressing deepfakes that has been enacted into law. This act, signed on May 19, 2025, criminalizes the knowing publication of nonconsensual intimate images, including AI-generated 'digital forgeries,' and mandates that covered platforms remove such reported images within 48 hours. The Federal Trade Commission (FTC) began enforcing this platform duty on May 19, 2026. While the TAKE IT DOWN Act is in force, numerous other AI-related bills are pending in Congress. These include the House-passed KIDS Act, the Senate-passed DEFIANCE Act, and bills awaiting Senate floor votes such as KOSA, the NO FAKES Act, and the GUARD Act. There is currently no comprehensive federal AI law comparable to the EU's AI Act, and federal AI policy largely operates through executive orders, agency guidance, and existing laws applied to AI.