Summary
- Arturo Hernandez and Cornelius Shannon face federal charges in Brooklyn due to violations of the Take It Down Act.
- The legislation, enacted in 2025, criminalizes the publication of non-consensual intimate images, including those generated by AI, and mandates platforms to eliminate flagged material within 48 hours.
- Recently, James Strahler II from Ohio was the first individual convicted under this law after admitting to creating and distributing AI-generated pornographic content involving minors.
This week, federal authorities took action against two men for allegedly using AI to produce and disseminate sexually explicit materials of women without their consent, representing a significant enforcement effort under the newly implemented Take It Down Act.
On Thursday, the Eastern District of New York announced charges against Arturo Hernandez from Texas and Cornelius Shannon from New Jersey in separate instances related to AI-generated deepfake pornography.
U.S. Attorney for the Eastern District of New York, Joseph Nocella, remarked, "The defendants utilized advanced digital technology to produce images that demeaned and violated victims throughout the nation. This case underscores that the act of sharing deepfake pornography is far from a victimless crime."
Prosecutors claim that Shannon and Hernandez shared thousands of AI-created images and videos featuring real individuals—such as actresses, musicians, political figures, and recent high school graduates—engaged in sexual activities. It is alleged that the two uploaded over 470 albums portraying more than 140 women to platforms, where these AI-generated visuals amassed millions of views.
Court documents indicate that the images appeared to be transformed from real, non-sexual photographs into explicit content using AI technology. Both men could face a maximum sentence of two years in prison.
The Take It Down Act was signed into law by President Donald Trump in May 2025. This law criminalizes the intentional publication or threat of publishing non-consensual intimate imagery, regardless of whether it is genuine or AI-generated. It also obligates online platforms to remove reported content within a 48-hour timeframe.
This legislation has garnered bipartisan support in Washington and comes amid an increasing number of lawsuits related to AI-generated deepfakes, including allegations against Elon Musk’s xAI and its Grok chatbot for creating and distributing non-consensual sexualized images, including those involving minors.
Several states, such as California, Texas, Florida, and Pennsylvania, have implemented similar laws targeting non-consensual intimate imagery and AI-generated deepfakes.
In April, James Strahler from Columbus, Ohio, became the first person to be convicted under this law after pleading guilty to federal charges related to over 700 AI-generated sexually explicit images of both adults and minors.
FBI Assistant Director in Charge, James Barnacle Jr., stated, "This predatory behavior is a troubling exploitation of technology that causes emotional distress to victims, infringing upon their privacy, dignity, and safety. Using this emerging technology to harm individuals is not innovative; it is criminal and will be vigorously prosecuted by the law."