In my 2024 Newsmax Insider article, I highlighted the TAKE IT DOWN ACT, asking Is There Finally Hope for Victims of Deepfakes? Today, I confidently say, yes, there is.
In April 2026, the U.S. Department of Justice (DOJ) secured its first conviction under the TAKE IT DOWN ACT, legislation designed to protect and empower victims of nonconsensual intimate image (NCII) abuse, illegalizing its publication online.
A major milestone in safeguarding Americans from digital exploitation and deepfakes, the Act became law in 2025 under the leadership of First Lady Melania Trump.
The DOJ announced the guilty plea of a 37-year-old Ohio man who reportedly used more than 100 artificial intelligence models to create and distribute explicit nonconsensual images of women and minors as part of a sustained harassment campaign.
In this writer's June 2023 article, "Lawmakers Must Rush to Protect Us from Deepfakes," I warned of the implications of deepfake technology violations not only against celebrities but non-celebrities.
Mrs. Trump, our legislators, the FBI, and the DOJ handed a massive victory to the American people with this first federal law and conviction of its kind, directly addressing non-consensual intimate images and deepfakes.
Prior to its enactment, the FBI noted that victims of AI-generated exploitation faced significant legal barriers against removing harmful content or seeking justice. This law empowers citizens to take it down and federal authorities with jurisdiction to prosecute offenders.
The historic Ohio case has set a precedent.
Rep. Maria Salazar, R-Fla., released a statement via her congressional website lauding the DOJ's prosecution of the case and the effectiveness of the Act in protecting women and children.
"One of my most important responsibilities as a Representative is keeping our families safe, both in our neighborhoods and online," said Rep. Salazar.
"For years, predators hid behind screens while victims were told nothing could be done. Those days are over. This conviction proves the TAKE IT DOWN Act is working. If you target women or children using this technology, you will be found, prosecuted, and locked up. No excuses."
While legislative victories like the TAKE IT DOWN ACT provide a regulatory framework, the law relies on knowing where offending content is hosted.
Bridging the gap are new-generation tools for active web monitoring to identify and flag unauthorized content. These public-facing tools offer individuals a way to regain agency, report violations, and request removal.
Technologies like PimEyes Eyematch.ai operate like "face search engines" scanning the open web, disclosing where user likeness are posted.
Services like Bitdefender Digital Identity Protection monitors for identity spoofs alerting subscribers if photos or personal data appear online.
Google's free "Results About You" Dashboard notifies users if personal contact info or photos appear in search results, allowing removal requests.
For those who are intending to pursue criminal charges, authorities suggest documenting and reporting as much evidence as possible.
Industry experts advise that prosecuting a crime under the TAKE IT DOWN ACT requires a paradigm shift from deleting harm to preserving evidence.
A first instinct may be to wipe the images from the internet immediately.
However, for prosecution, experts advise first preserving the digital trail. Because the Act criminalizes the "knowing publication" of nonconsensual imagery, federal investigators must be able to prove who posted it, when, and where.
Legal experts favor capturing full-page screenshots of the entire webpage, including the URL bar, date and time stamps, and any surrounding text.
Additionally, professionals suggest identifying metadata and copying the direct URL link to the post.
Knowledgeable sources recommend documenting the username, handle, platform ID, or profile names of the person who uploaded it. If possible, find the unique post ID .
If the perpetrator made contact via DM, email, or text message threatening or sharing the images, experts advise saving communications and taking screenshots of headers and content.
Authorities widely agree that storing evidence securely in a password-protected, encrypted folder or secure drive is a best practice.
Reporting all findings to the FBI at IC3.gov, the local FBI field office, to local authorities, and referencing the Take It Down Act in all communications is advised.
Additionally, the TAKE IT DOWN ACT's 48-hour removal mandate can be invoked by reporting the content to the platform.
Legal experts advise that attorneys may request a "Digital Order of Protection," legally barring perpetrators from posting further content during and ongoing FBI investigation. These are only suggestions, and legal advice should be taken from a licensed attorney. The recent conviction under the TAKE IT DOWN ACT signals a huge win and turning point in federal enforcement.
As we wait for more platforms to comply with the new federal standards, individuals now have access to forensic toolkits that place the power of deepfake detection into their hands. They also have the legal framework to prosecute offenders.
My prayer is that citizens never need them.
V. Venesulia Carr is a former United States Marine, CEO of Vicar Group, LLC and host of "Down to Business with V.," a TV show focused on cyber awareness and cyber safety. She provides insight on technology, cybersecurity, fraud mitigation, national security, and military affairs. Read V. Venesulia Carr articles reports — Click Here Now.