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DMCA vs. Intimate-Privacy Laws in 2025: A Practical Takedown Decision Tree

January 25, 2025 • Second Dawn Legal Team

Two fast lanes now exist in the U.S.: DMCA (copyright) and intimate-privacy routes.

  • DMCA forces hosts to remove infringing content when you own the copyright and send a compliant notice; platforms risk their safe harbor if they stall.
  • Intimate-privacy laws now include a new federal law, the TAKE IT DOWN Act (2025), which requires "covered platforms" to remove reported non-consensual intimate images within 48 hours and allows notices from the person or an authorized representative.

Definitions at a Glance

DMCA (17 U.S.C. §512)

The Digital Millennium Copyright Act's notice-and-takedown system. Required elements include:

  • Identifying the copyrighted work and infringing URLs
  • A good-faith statement
  • Your contact info
  • A sworn statement under penalty of perjury

Important: Counter-notices can trigger restoration after 10-14 business days unless you sue.

Intimate-Privacy Laws

Federal VAWA 2022 created a civil cause of action to sue disclosers of intimate images in federal court.

TAKE IT DOWN Act (2025) added:

  • Criminal offenses for publishing non-consensual intimate images
  • A platform notice-and-removal regime with a 48-hour deadline
  • Coverage for AI-generated deepfakes
  • Covered platforms have until May 19, 2026 to implement the formal process

State Laws

As of mid-2025, all 50 states and DC criminalize non-consensual pornography. Many also provide civil remedies (often via the Uniform Civil Remedies Act).

Decision Tree: Which Takedown Path Fits Your Case?

Step 1: Is this your selfie/video or do you own the copyright?

Yes → Use DMCA first

Hosts must act expeditiously because they protect their §512 safe harbor. If a counter-notice arrives, you have 10-14 business days to sue to prevent restoration.

No / It's a deepfake / Someone else shot it → Go to Step 2

You'll need to use intimate-privacy routes instead of copyright.

Step 2: Is the person depicted a minor at the time of creation?

Yes → Use NCMEC's Take It Down immediately

Take It Down uses hash-based removal service. You never upload the actual image. Just create a digital fingerprint on your device.

No → Go to Step 3

Continue to the intimate-privacy routes for adults.

Step 3: Is it a non-consensual intimate image (real or AI-generated)?

Yes → Use the TAKE IT DOWN Act notice route

Send a notice to the platform. They must remove "as soon as possible" and no later than 48 hours, and make reasonable efforts to remove identical copies. Authorized agents can file on your behalf.

Also: Add proactive hashing via StopNCII.org to block re-uploads across participating platforms.

Step 4: Are search results spreading it?

Yes → File a Google removal request

Use Google's "Remove personal sexual content" request to de-index URLs while you pursue the original host.

Step 5: Offshore or non-responsive site?

Yes → Escalate
  • Contact the host/registrar with DMCA or court orders
  • Consider state civil remedies or the VAWA federal civil action to obtain an injunction
  • See templates below

Expected Outcomes and Timelines

DMCA

Aspect Details
Removal speed Typically rapid. Hosts protect their §512 safe harbor by acting "expeditiously"
Risk Uploader may send a counter-notice; host can restore content 10-14 business days later unless you file in court
Privacy trade-off Notices include your contact info; consider using an authorized agent

TAKE IT DOWN Act

Aspect Details
Removal speed "As soon as possible," but no later than 48 hours after a compliant notice
Status Law effective May 19, 2025; platforms have until May 19, 2026 to build the formal process
Scope Covers authentic images AND "digital forgeries" (AI deepfakes) with criminal penalties
Duplicate handling Platforms must make reasonable efforts to remove identical copies

Search Engines

Google accepts requests to remove personal sexual content from search. Decisions come after review and do not delete the source file. Pair with a DMCA or TAKE IT DOWN notice to the host.

State Laws

All states now criminalize non-consensual pornography, and many provide civil remedies via state statutes or the Uniform Civil Remedies Act. Use the civil route to seek an injunction and damages if needed.

Copy-Paste Templates

Tip: You can submit as an authorized agent to protect a survivor's direct contact info where permitted. DMCA allows agents; the TAKE IT DOWN Act's notices may be sent by an authorized representative.

Template 1: DMCA Takedown Notice (17 U.S.C. §512(c)(3))

To: DMCA Agent of [Service Provider Name]
Email: [DMCA email]  •  Address: [Postal if required]

From: [Your Full Name or Authorized Agent]
Address: [Street, City, State, ZIP]
Email: [you@example.com]  •  Phone: [###-###-####]

Re: DMCA Takedown Notice

1) I am the copyright owner (or authorized agent) of the following
   original work(s): [Describe selfie/video with creation date].

2) The infringing material appears at these URL(s):
   - [https://example.com/path]
   - [additional URLs]

3) I have a good-faith belief that the use of the material in the
   manner complained of is not authorized by the copyright owner,
   its agent, or the law.

4) The information in this notification is accurate, and under
   penalty of perjury, I am the owner or am authorized to act on
   the owner's behalf.

5) Please expeditiously remove or disable access to the infringing
   content to preserve §512 safe-harbor.

Signature: [Type full name as electronic signature]
Date: [Month Day, Year]

Template 2: TAKE IT DOWN Act Platform Notice

To: [Platform Name], Intimate-Privacy/NCII Reporting
Email/Form: [platform URL or address]

From: [Name of Depicted Individual]
Authorized Representative: [Name, if agent]
Contact: [email / phone]
Signature: [typed name]

I request removal under the TAKE IT DOWN Act's notice-and-removal
process.

• Identification and location of the depiction:
  - URLs: [list URLs]
  - Handles/Post IDs: [@user / post IDs]

• Brief statement of good-faith belief:
  I have a good-faith belief that the attached links contain an
  intimate visual depiction of me that was published without my
  consent.

• Verification notes (optional but helpful):
  [e.g., "image taken from my private account," "AI-generated
  deepfake," etc.]

Please remove the depiction as soon as possible and within 48 hours,
and make reasonable efforts to remove known identical copies.

Date: [Month Day, Year]

Note: Platforms must have processes in place by May 19, 2026.

Template 3: State Intimate-Privacy Cease-and-Desist (Civil Demand)

To: [Website/Poster/Attorney]
From: [Your Name or Counsel]
Re: Unauthorized disclosure of intimate image(s)

This letter demands immediate removal of intimate images of me at:
[URLs]

Your conduct violates [State statute name and citation, e.g.,
"Neb. Rev. Stat. §25-3501 et seq. (Uniform Civil Remedies for
Unauthorized Disclosure of Intimate Images)"] and related privacy
torts.

Demand:
1) Remove the images within 24 hours and confirm in writing.
2) Cease any further disclosure.
3) Preserve all evidence (uploads, IP logs, communications).

If you fail to comply, I will seek injunctive relief, statutory/actual
damages, attorney's fees, and any other available remedies.

Signed: [Name]
Date: [Month Day, Year]

Use your state's specific statute where available. Many states adopted the Uniform Civil Remedies Act with statutory damages and fee-shifting.

Template 4: Google "Personal Sexual Content" De-Index Request

Category: Personal sexual content involving me
Content type: [real / AI-generated / misattributed]

URLs to remove from Search:
- [URL 1]
- [URL 2]

Why this should be removed:
These URLs show or associate sexual imagery with me without consent.
I am the depicted person. This request is limited to search
de-indexing and does not affect original hosting.

Submit via Google's removal flow for personal sexual content. This limits search visibility and should be paired with a host takedown.

Reality Check and Escalation

Platforms & Adult Sites

Most already ban non-consensual intimate imagery and will remove upon report. If ignored, escalate to the hosting provider or registrar with DMCA or a court order.

Court Orders

Injunctions can compel posters to remove content and support search-engine de-indexing when voluntary removal fails.

Minors

Use NCMEC's Take It Down. Do not share copies with third parties beyond required reporting.

Proactive Blocking

Submit hashes via StopNCII.org to reduce re-uploads across participating platforms.

Key Resources

Disclaimer: This guide is informational only, not legal advice. Laws change and vary by jurisdiction. Consider consulting counsel, especially if you receive a DMCA counter-notice or need an injunction.

This guide follows Second Dawn's mission to provide clear, actionable legal information for survivors reclaiming their digital presence.