Yes, Deepfakes Are Explicitly Covered

The 2026 TAKE IT DOWN Act (47 U.S.C. § 223a) covers "any visual depiction of an identifiable individual in a sexually explicit context, regardless of whether the depiction was produced using authentic imagery or AI-generated, computer-generated, or otherwise synthetically produced or altered content." Deepfakes are covered on equal footing with authentic photographs.

What the 2026 Expansion Added

The original 2022 framework applied primarily to authentic imagery. The 2026 update added explicit coverage of: diffusion model outputs, GAN-generated content, face-swap videos, "nudify" application outputs, and any image altered to remove or simulate the removal of clothing. The expansion was passed in direct response to the rapid proliferation of AI nude generators in 2024 and 2025.

Platform Obligations

Covered platforms must: acknowledge receipt of a valid Section 223a notice within 24 hours, complete removal within 48 hours, and add the content's hash to a prevention database to block re-uploads. Platforms that fail to comply face FTC enforcement and civil penalties. There is no "good faith" exception for platforms that knew about the content prior to receiving a notice.

How ScanErase Uses the Act

ScanErase gives you what a Section 223a compliance notice needs to explicitly identify the content as AI-generated, cite the 2026 statutory expansion, and request both removal and hash-matching enrollment, within minutes of a confirmed match. You can escalate non-compliant platforms to the FTC yourself.