Non-consensual intimate imagery (NCII)
Intimate images or video shared or created without consent.
How the laws define this
Both frameworks establish that non-consensual intimate imagery involves intimate visual material depicting an individual that is made available without that person's consent, explicitly covering synthetic depictions like AI-generated media, AI-altered media, or digital forgeries alongside actual imagery. The key divergence lies in the scope of prohibited actions and regulatory treatment. The Deepfakes Guidelines (SDAIA) applies to the creation, distribution, and modification of intimate media without explicit consent, specifically categorizing these acts as a high-risk use case that warrants rapid takedown and special remediation measures. In contrast, the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act or the TAKE IT DOWN Act focuses strictly on sharing intimate visual depictions without consent, without extending its definition to creation or modification, requiring explicit consent, or detailing specific high-risk classifications and remediation measures under its phrasing.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
Definitions (2)
Intimate images or videos of an individual that are created, distributed, or modified without that individual’s explicit consent, including AI-generated or AI-altered intimate media; classified as a high-risk use case warranting rapid takedown and special remediation measures under the Guidelines.
Any intimate visual depiction, including actual and digital forgeries, shared without the consent of the depicted individual.
Related Terms
Non-Consensual Intimate Deepfake
A deepfake depicting intimate parts or sexual acts without explicit, written consent from the depicted individual....
AI‑manipulated content
Content produced or altered by algorithmic/computational means....
Sexually explicit digital identity theft
Non‑consensual posting of sexually explicit AI‑created or altered images of a person....
Covered material
Digitally created or altered images/videos depicting intimate body parts or sexual conduct....
Simulated child pornography
Sexual content depicting a child created or simulated by technology....