Two individuals charged with violating TAKE IT DOWN Act for AI deepfake pornography

Joseph Nocella, Jr. U.S. Attorney for the Eastern District of New York
Joseph Nocella, Jr. U.S. Attorney for the Eastern District of New York
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Two individuals, Cornelius Shannon and Arturo Hernandez, were charged on May 20 with violations of the TAKE IT DOWN Act for allegedly publishing thousands of AI-generated deepfake pornographic images and videos. The charges were unsealed at the federal courthouse in Brooklyn. Authorities say that the victims included actresses, singers, political figures, and non-public figures.

The case highlights growing concerns about the misuse of artificial intelligence to create nonconsensual explicit content. According to prosecutors, both defendants are accused of distributing digital forgeries that appeared to depict real people nude or engaging in sexual acts without their consent.

United States Attorney Joseph Nocella, Jr. said, “As alleged, the defendants used cutting-edge digital technology to create images that degraded and violated victims across the United States. This case makes clear that posting deepfake pornography is not a victimless crime, and our Office will pursue the criminals who engage in this reprehensible conduct with all the legal resources that the federal government can bring to bear, including new authorities granted by Congress to address these emerging forms of psychological, reputational, and financial abuse.”

FBI Assistant Director in Charge James C. Barnacle said: “The individuals arrested today are being charged for their alleged roles in a scheme to create and distribute vile deepfake pornography using artificial intelligence. This predatory conduct represents a disturbing abuse of technology that inflicts emotional harm on victims, violating their privacy, dignity, and security. The use of this emerging technology to victimize individuals is not innovative – it is criminal and will be pursued with the full force of the law.”

Congress passed the TAKE IT DOWN Act on April 28 last year to criminalize nonconsensual publication of intimate images—including deepfakes—aimed at combating revenge porn as well as simulated material created without consent.

Shannon was arrested in New Jersey while Hernandez was taken into custody in Bedias, Texas; both face up to two years’ imprisonment if convicted. Prosecutors allege Shannon published at least 360 albums containing AI-generated explicit content viewed millions of times since May last year; Hernandez allegedly posted about 113 albums viewed nearly a million times during roughly the same period.

Victims or those aware of such offenses are encouraged to report through https://www.ic3.gov/ or via FBI tip line at 1-800-CALL-FBI (1-800-225-5324). The Federal Trade Commission has also launched TakeItDown.ftc.gov where complaints can be submitted regarding platforms failing to remove such content.



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