Federalizing NCII Regulation: The Take It Down Act’s Approach to Criminalization, Platform Liability, and Threats to Disseminate

Authors

Trudi K. Sundberg, University of Georgia School of Law

Publication Date

2025

Abstract

For years, legal scholars, advocates, and victims have pushed for the federal criminalization of the nonconsensual publication of intimate imagery. Until now, regulation has been inconsistent across jurisdictions, often leaving victims without meaningful remedies or mechanisms for image removal.

The recent passage of the Take It Down Act has finally realized the goal of federal criminalization of nonconsensual intimate image distribution, including that of artificially generated images. The Act further initiates a framework for victim-led takedown procedures and engages with § 230 liability. Additionally, the Act addresses threats to disseminate such content, which is crucial to curb the spread of nonconsensual intimate imagery and related coercive abuse.

Despite the strides made by the Act, certain provisions have notable vulnerabilities leaving the statute itself open to abuse and First Amendment challenges. Moreover, some victims are even left without a remedy for the statute’s ambiguity. This Note discusses these criticisms and offers alternative language that could fill current gaps in the Act.

Recommended Citation

Sundberg, Trudi K. (2025) "Federalizing NCII Regulation: The Take It Down Act’s Approach to Criminalization, Platform Liability, and Threats to Disseminate," Georgia Law Review: Vol. 59: No. 3, Article 9.
Available at: https://digitalcommons.law.uga.edu/glr/vol59/iss3/9