• Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated.
• First federal law regulating AI-generated content.
• Creates requirement that covered platforms promptly remove depictions upon receiving notice of their existence and a valid takedown request.
• For many online service providers, complying with the Take It Down Act’s notice-and-takedown

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In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It turned out we were early – very early – to the discussion, with several months…

With the second Trump Administration set to take power in January 2025, one can expect a pendulum swing in many aspects of technology policy. For example, while it is expected that President Trump will will continue efforts by the Biden Administration to limit China’s access to advanced semiconductor technology, the SEC is expected to be…

After several weeks of handwringing about the fate of SB 1047 – the controversial AI safety bill that would have required developers of powerful AI models and entities providing the computing resources to train such models to put appropriate safeguards and policies into place to prevent critical harms – California Governor Gavin Newsom announced that…

On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927).  The law addresses the use of “digital replicas” of performers.  As defined in the law, a digital replica is:

a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual…

Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the world of social media, user-generated content, and e-commerce has been consistently bolstered by Section 230 protections.…

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers “new, personalized generative AI cloning models and services that enable human impersonation and allow users to…