Non-consensual videos may be created through hidden recording devices, recording during consensual intimacy without disclosing the recording, or by re-encoding or screen-capturing content from other platforms. They may also be AI-generated — video deepfakes that place a real person's face into existing pornographic footage. Under the TAKE IT DOWN Act, all covered platforms must remove verified non-consensual intimate videos within 48 hours of a compliant notice. ScanErase's biometric scanning system specifically detects re-encoded or AI-modified videos in addition to original uploads.

Key facts about this term

  1. Hidden recording is a separate criminal offense Recording someone in an intimate context without their knowledge violates voyeurism statutes in most states, in addition to NCII law. Both the recording and any distribution are separate offenses.
  2. Re-encoded and platform-ripped copies are also covered Perpetrators often re-encode or re-upload videos to evade detection. ScanErase's biometric system detects these copies even when they have been modified.
  3. Deepfake videos of real people are covered by federal law AI-generated videos that place a real person's likeness into intimate content — face-swap videos — are explicitly covered under the TAKE IT DOWN Act's definition of non-consensual intimate visual depictions.

Frequently asked questions

What if I am in the video but originally agreed to be recorded?

Consent to be recorded is not consent to distribute. If you did not consent to the video being shared, you have a right to demand removal under the TAKE IT DOWN Act regardless of how the video was made.

Can videos on overseas platforms be removed?

The TAKE IT DOWN Act applies to platforms accessible in the United States. Platforms outside U.S. jurisdiction may be reachable through GDPR right-to-erasure requests, local NCII law, or international cooperation agreements.

Related glossary terms