On May 19, 2026, the notice and removal requirements set forth in Section 3 of the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (“TAKE IT DOWN Act” or “TIDA”) entered into effect. Under this section, covered platforms must establish a process for individuals to notify the platform of certain intimate visual depictions that were shared without their consent and to request their removal. Covered platforms that receive valid requests must remove the visual depictions and identical copies within 48 hours. The FTC, which enforces the TIDA, intends to do so “vigorously.” The FTC has launched a website where individuals can submit complaints about platforms that fail to comply with these requirements and has sent warning letters advising companies of their obligations under the law.
Continue Reading The TAKE IT DOWN Act’s Notice and Removal Requirements Enter Into Effect
Massachusetts Enacts New Shield Law Expanding Protections for Certain Health Data
On August 7, Massachusetts Governor Maura Healey signed into law a new Shield Law (S.2543) – the Shield Act 2.0 – that restricts providers’ ability to disclose information in certain health care-related investigations, among other provisions. Like the Washington Shield Law that was enacted in 2023, the Shield Act 2.0 covers gender-affirming treatment in addition to reproductive health care. The passage of the Shield Act 2.0 follows Massachusetts’s enactment, in 2022, of a Shield Law that provided protections for Massachusetts healthcare providers from sanctions for providing or assisting in the provision of legally protected reproductive healthcare services or gender-affirming healthcare services in the state.
Continue Reading Massachusetts Enacts New Shield Law Expanding Protections for Certain Health DataFederal Court Invalidates Prospective Blanket NDO
Last month, the D.C. Circuit in In re: Sealed Case, 2025 WL 2013687 (D.C. Cir. July 18, 2025) invalidated a non-disclosure order (“NDO”) that applied to prospectively issued subpoenas, holding that it failed to meet the statutory requirements in 18 U.S.C. § 2705(b) of the Stored Communications Act.
Continue Reading Federal Court Invalidates Prospective Blanket NDOU.S. Congress Passes Bill Establishing Notice and Takedown Regime for Publication of Nonconsensual Intimate Visual Depictions
On April 28, the House of Representatives voted 409-2 to pass the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (“TAKE IT DOWN Act”), which criminalizes the publication of nonconsensual intimate visual depictions (“NCII”) and requires online platforms to establish a notice and takedown process for NCII. The Act, which previously had been passed by the Senate, now goes to the President’s desk for signature. President Trump has indicated that he intends to sign the bill into law.
Continue Reading U.S. Congress Passes Bill Establishing Notice and Takedown Regime for Publication of Nonconsensual Intimate Visual DepictionsSenate Judiciary Subcommittee Holds Hearing on the STOP CSAM Act
On Tuesday, March 11, 2025, in the first Senate Judiciary subcommittee hearing of the 119th Congress, the Senate Subcommittee on Crime and Counterterrorism held a hearing entitled “Ending the Scourge: The Need for the STOP CSAM Act.” Subcommittee Chair Senator Josh Hawley (R-MO), who convened the hearing, and Ranking Member Dick Durbin (D-IL) announced in February that they intended to reintroduce the Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act or “STOP CSAM Act”, a comprehensive bill that seeks to combat the online sexual exploitation of children. First introduced in 2023, the Act did not receive a vote on the Senate floor last Congress, despite being unanimously advanced by the Senate Judiciary Committee.
Continue Reading Senate Judiciary Subcommittee Holds Hearing on the STOP CSAM ActState and Federal Developments in Minors’ Privacy in 2024
This year has brought significant movement and trends in minors’ privacy legislation on both the state and federal levels. We recap the notable developments below.
Continue Reading State and Federal Developments in Minors’ Privacy in 2024U.S. Senate Passes SHIELD Act to Criminalize Distribution of Private Intimate Images Online
On July 10, 2024, the U.S. Senate passed the Stopping Harmful Image Exploitation and Limiting Distribution (“SHIELD”) Act, which would criminalize the distribution of private sexually explicit or nude images online.
Continue Reading U.S. Senate Passes SHIELD Act to Criminalize Distribution of Private Intimate Images OnlineU.S. Senate Passes REPORT Act to Expand Scope of CSAM Reporting Obligations
On December 14, 2023, the U.S. Senate passed the Revising Existing Procedures on Reporting via Technology (“REPORT”) Act (S. 474), which, among other provisions, would impose new obligations on providers to report additional categories of online child sexual abuse material (“CSAM”) under 18 U.S.C. § 2258A.
Continue Reading U.S. Senate Passes REPORT Act to Expand Scope of CSAM Reporting ObligationsEuropean Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy Framework
On July 10, 2023, the European Commission adopted its adequacy decision on the EU-U.S. Data Privacy Framework (“DPF”). The decision, which took effect on the day of its adoption, concludes that the United States ensures an adequate level of protection for personal data transferred from the EEA to companies certified to the DPF. This blog post summarizes the key findings of the decision, what organizations wishing to certify to the DPF need to do and the process for certifying, as well as the impact on other transfer mechanisms such as the standard contractual clauses (“SCCs”), and on transfers from the UK and Switzerland.
Continue Reading European Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy FrameworkState, Federal, and Global Developments in Children’s Privacy, Q1 2023
This year has been off to a busy start with respect to children’s and minors’ privacy legislation efforts. We wanted to take a moment to recap the latest developments across the board.
The most notable trend of the year thus far has been the widespread introduction of Age Appropriate Design
Continue Reading State, Federal, and Global Developments in Children’s Privacy, Q1 2023