On April 28, 2025, the U.S. House of Representatives overwhelmingly passed S. 146, the TAKE IT DOWN Act, following unanimous Senate approval in February. The bill, formally titled Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks, now heads to President Donald Trump's desk for signature, where it is expected to become law with strong bipartisan support and endorsement from First Lady Melania Trump. This landmark legislation addresses the growing harms posed by both authentic and synthetic nonconsensual intimate images (NCII). It establishes new criminal penalties and imposes civil obligations on online platforms to swiftly remove flagged NCII content. Key Provisions: Criminal Liability Offense: Knowingly publishing authentic or synthetic NCII without consent is now a federal crime. Penalties: Up to two years' imprisonment for publishing NCII of an adult. Up to three years' imprisonment if the NCII depicts a minor under 18. Threats to publish authentic NCII are punished the same as actual publication. Threats to publish synthetic NCII carry reduced penalties (up to 18 months for adults, 30 months for minors). Clarifications: Consent to create an image does not equate to consent to publish it. Prior private sharing does not negate the victim’s right to…

ALBANY, N.Y. — Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents. The bill, AB 7008, would amend Section 69 of the general construction law to prohibit "the use of the term 'sex work' and certain variations of such term in the law or any rule, regulation or resolution." The variations include "sex worker," "sex-work" and "sex-worker." "I cannot count how many times I have used terms like 'ridiculous,' 'incomprehensible' or 'naive' when describing some of the proposed laws that I have reviewed during my 20-year legal career," said industry attorney Corey D. Silverstein. "I don't remember ever using the word 'stupid,' but that is the only word that comes to mind when reading Mr. Maher's proposed revision to Section 69." Silverstein also told XBIZ that direct challenges to constitutional protections by elected officials should be grounds for removal. "This level of ignorance of the First Amendment and free speech is so outlandish that it warrants expulsion from governance," he said. Mike Stabile, director of public policy for the Free Speech Coalition, noted the timing of the legislation following a recent lobbying effort by New York…

Another state has joined the growing list of jurisdictions implementing age verification requirements for adult content. South Dakota’s newly passed law takes a unique approach but still raises serious constitutional concerns. Given the significant impact this law could have on website operators and the adult content industry as a whole, it is essential to examine the law in detail and consider the necessary compliance measures. Here’s what website operators need to know. Key Provisions of the Law Effective Date: July 1, 2025, giving website operators a limited window to implement changes and prepare for compliance. Applicability: Unlike other states that have adopted a 33.3% threshold to determine whether a website is subject to age verification requirements, South Dakota’s law applies to any website that hosts pornographic material as part of its "regular course of trade or business." This broad definition may capture a wider range of platforms than anticipated. Enforcement: The law includes both civil and criminal liability for non-compliance, increasing the stakes for website operators. Businesses failing to adhere to the law may face severe financial penalties, lawsuits, and potential criminal charges. Consumer Impact: This law could significantly affect users' ability to access certain types of content freely. Additionally,…

On January 21, 2025, Ofcom updated its interactive compliance tool to assist providers of user-to-user and search services in meeting their obligations under the Online Safety Act 2023. The tool is designed to help service providers conduct their illegal content risk assessments and comply with illegal content safety duties, record-keeping, and review obligations. Key Requirements & Deadlines Risk Assessment Deadline: Your first illegal content risk assessment must be completed by March 16, 2025. New or Modified Services: If you launch a new service or modify an existing one so that it falls under the Act, you must complete a risk assessment within three months of the change. Ongoing Compliance: Services must review their risk assessment at least annually to ensure continued compliance. If making a significant change to your service, you must conduct a new risk assessment before implementing the change. Using Ofcom’s Compliance Tool The Ofcom compliance tool provides guidance and recommendations based on responses to a series of questions. It does not guarantee compliance but serves as a structured method for assessing risk. Providers are responsible for: Implementing safety measures as required by the Act. Keeping proper records of risk assessments and compliance efforts. Making their own legal…