The foldable iPhone release date could be as early as September 2026.
It could go by any of several names, including the iPhone Fold, iPhone Ultra or iPhone Flip.
The first foldable iPhone will likely be a book-style format, followed by a Razr-style clamshell design.
Recent design leaks point to a wider, squat look, similar to the original Google Pixel Fold.
One analyst predicts it could cost between $2,000 and $2,500.
As companies like Samsung, Google and Motorola have released folding phones over the past couple of years, each model has prompted the question: when is Apple going to make a foldable iPhone? Rumors have ramped up alongside its competitors’ releases, which now point to a late-2026 introduction of what’s rumored to be called the iPhone Fold or iPhone Ultra.
The most recent rumors come from leaker Digital Chat Station, who suggests the foldable could be called the iPhone Ultra, and from leaker Sonny Dickson, whose supposed dummy molds provide further support for the rumor that the iPhone Fold will be wide and squat.
We’ve gotten far more design leaks suggesting how Apple’s foldable may look. Most leaks, like Dickson’s above, suggest that the iPhone Fold will be a book-style foldable that’s squat and wide, looking more like the original Pixel Fold than taller, thinner models such as the Galaxy Z Fold 7 or the Pixel 10 Pro Fold.
The screen on the iPhone Fold is rumored to have little or no crease, according to a recent report by the Chinese publication UDN. Screen creases, especially on early foldable phones, have long annoyed consumers and critics, and they still remain despite the seam getting less noticeable over the years. Even Samsung’s most advanced Galaxy Z TriFold has two screen creases, one for each of its hinges. It would be a major breakthrough if Apple indeed finds a way to fold a screen in half without leaving a crease.
A report from leaker Fixed Focus Digital on Weibo suggest that Apple’s hinges could be made of liquid metal, an alloy possibly provided by Liquidmetal Technologies, with which Apple has had an exclusive contract since 2010. It’s been the topic of many rumors since then, and the basis of several patent applications, but so far no products other than the SIM ejector tool that once shipped with iPhone models.
But we’ve yet to hear any official word on a foldable iPhone from Apple.
Mock-ups of potential iPhone foldables, including a clamshell “iPhone Flip” on the left and book-style foldable on the right, along with a flat iPhone for comparison on the bottom.
Zain bin Awais/CNET
Foldable phones represent a tiny fraction of all phones sold globally. In a recent survey, CNET found that 64% of people said they don’t want a foldable phone. But those numbers could change if Apple were to sell a foldable iPhone. As of April, IDC analysts predict that global foldable sales will jump 19% if the iPhone Fold launches in 2026, with Apple’s folding device capturing around 24% of the global market share.
A lot of hope and high expectations have been placed on Apple’s release of a foldable phone. And if rumors are correct, we won’t have to wait much longer for the company to do so.
Watch this: iPhone Flip: What Apple’s Foldable Future Could Look Like
iPhone Fold specs
A mock-up of a possible book-style foldable iPhone design.
Zain bin Awais
There are no confirmed specs for the iPhone Fold; Apple hasn’t even confirmed one exists or is coming out. So given that we don’t yet have an expected release year, it’s hard to predict what kind of internal specs the iPhone Fold will have. Presumably, Apple will equip it with its most powerful A-series chip, along with enough RAM to handle two or three displays (depending on whether it folds inward or outward and needs a dedicated outer screen).
We do have some predictions for other specs, though only for the rumored book-style Fold (not the clamshell). In March, analyst Kuo predicted the larger Fold could have a 5.5-inch outer screen and a 7.8-inch inner display. When folded, it’s rumored to be 9 to 9.5mm thick and 4.5 to 4.8mm when unfolded. Plus, a front-facing camera is also rumored to work whether the phone is folded or unfolded, along with two rear cameras.
Kuo predicted that the device will use the same high-density battery cells as used in what he referred to then as the “ultrathin iPhone 17,” which presumably meant the iPhone Air. But that trim thickness means the foldable may forgo Face ID, so the device could end up using Touch ID in a side button.
Some rumors about hardware have emerged, too. In January, an analyst note seen by MacRumors suggested Apple’s foldable could launch with 12GB of RAM, the same amount in the Galaxy Z Fold 7‘s starting configuration. That could mean Apple doesn’t need much memory to handle multiple screens or isn’t banking on large AI features that require significant RAM.
And we finally have a prediction on the iPhone Fold’s battery, with Weibo leaker Fixed Focus Digital posting that it could have a 5,500-mAh capacity, as 9to5Mac first reported. That’s substantially larger than batteries on some other foldables. (The Galaxy Z Fold 7, for example, has a 4,400-mAh battery, but Samsung has been in the foldable game for years and has likely improved efficiency in an effort to slim down its devices.) Yet if the Weibo leak is true, this will be the largest battery ever on an Apple handset. The iPhone 17 Pro Max has a 5,088-mAh battery.
Watch this: Samsung’s iPhone Fold Killer Is Leaked
Design: What will the foldable iPhone look like?
This illustration, according to Apple’s patent filing, shows a “device that bends along a flexible portion, such as a flexible seam associated with a hinge.”
Apple/US Patent and Trademark Office
Apple seems to have taken out every patent under the sun when it comes to foldable displays, including an origami-style folding display, a flip-up display and even a wraparound display. As far back as 2021, a report from Bloomberg indicated Apple already had a prototype of a foldable iPhone display, and rumors since then have bounced back and forth between suggesting Apple will opt for either a clamshell style or a book-style foldable first.
In March 2025, analyst Kuo made several specific predictions for Apple’s foldable: It would be a book-style device with a 5.5-inch outer screen that unfolds into a 7.8-inch internal display, measuring 4.5 to 4.8mm thick when unfolded and 9 to 9.5mm when folded. It would also use the same high-density battery cells as the “ultrathin iPhone 17” and include a hinge made of stainless steel and titanium alloy — a favorite material in Apple’s iPhone 16 Pro and Pro Max, as well as the Apple Watch Ultra 3.
A mock-up of the iPhone Fold based on unofficial leaked CAD renders from @SonyDIckson on X.
Jeffrey Hazelwood/CNET
Per Kuo’s predictions, the foldable will have two rear cameras and a front-facing camera on both the external and internal displays. Most interestingly, Kuo also expects that Apple’s book-style foldable will see the return of Touch ID as a side button, as Face ID might be left out due to space constraints — presumably for the array of depth-of-field sensors and cameras needed for the tech.
Then there are the renders, which have gone from a trickle to steady stream through 2026. One set of 3D CAD renders from leaker Sonny Dickson (pictured above) points to a squat, wide design that looks much more like the Pixel Fold than the tall, thin Galaxy Z Fold 7 or the Honor Magic V6 Foldable. While Dickson didn’t supply any context for the renders, making them unlikely to have come from Apple itself, it does suggest a different design for the foldable than the current vogue of narrow rather than wide foldables.
The iPhone Fold has been rumored for years, with delays reportedly due to Apple’s dissatisfaction with a visible crease. Reports say the company has solved this issue, and a recent rumor from TrendForce (cited by 9to5Mac) suggests that an advanced adhesive led to a breakthrough in reducing the crease of its anticipated folding display.
iPhone Fold release date: It could launch later this year… or in 2027
The logo for Apple’s fall 2025 event invitation is interactive, with a heat signature that stays where you touch or click and hold.
Screenshot by Jeff Carlson/CNET
Apple has neither confirmed the iPhone Fold nor announced a release date. But analysts and rumors have predicted that the foldable could come out in 2026 or be pushed until next year.
As for timing, since the iPhone Air was released alongside the iPhone 17 models, the Fold could come alongside the iPhone 18 series. But since Apple released the iPhone 16E early this year, far before the September window for its main iPhone release, the company could do the same with the iPhone 17E in 2026. Apple could even delay the launch of the standard iPhone 18 to the spring of 2027 to make room for the iPhone Fold in Apple’s September 2026 launch, according to an ET News report. Given that Samsung offsets its standard and foldable phone releases at Unpacked events months apart from each other, Apple could do the same.
The latest indications of an iPhone Fold release date come from Bloomberg’s Mark Gurman, who said the foldable is on track for a September launch. That was affirmed by analyst Kuo’s suggestion in June 2025 that production could kick off in 2026, with phones coming out later in the year. This follows Kuo’s earlier prediction in March 2025 that the company could release a crease-free book-style foldable by the end of 2026. Other analysts predict the iPhone Fold could launch in December. But it’s worth noting that Nikkei Asia reported in April on several production snags that could delay the iPhone Fold into 2027.
It’s been an open secret for years that Apple is working toward a foldable iPhone, but buzz and possible release dates have been floated for just as long. Early rumors pointed to 2021 as a potential target date, but the year passed with no foldable iPhone in sight, as have successive rumors for potential releases in 2023 and 2025.
Watch this: Foldable Phones May Be the Future. In South Korea, They’re the Present
iPhone Fold price
Analyst Kuo predicted that a book-style iPhone foldable coming in 2026 could be priced anywhere from $2,000 to $2,500, as it’s “expected to generate strong replacement demand — despite the premium price — provided quality meets expectations.”
A report last year found that half of American consumers are interested in buying a foldable phone, though Apple customers are slightly less willing to make the leap than Samsung or LG users. Perhaps the “Apple effect” will change those stats if and when a foldable iPhone ever becomes a reality.
Although Motorola offers one of the most affordable folding phones with its clamshell Razr at around $700, most others in the category are book-style foldables, such as the Galaxy Z Fold 7 and Pixel 9 Pro Fold, which cost around twice as much as most flagship phones. We don’t expect a foldable iPhone to be cheaper than its rivals. Apple’s foldable needs to be in line with current foldable and nonfoldable models to be able to compete against other brands and entice iPhone users to ditch their single-screen devices and pay more for a foldable.
iPhone Fold history
Mock-ups of what the iPhone foldables could look like.
Zain bin Awais/CNET
Rumors suggest Apple is developing a book-style foldable like the Galaxy Z Fold 7. Years ago, in 2017, folks predicted that a foldable iPhone could launch in the then-near future of 2020. Analysts and leakers have pushed the release date back ever since, while rumors and wish lists have persisted as phone fans keep their hopes alive.
Early rumors pointed to 2021 as a potential launch window, but Kuo’s March 2021 report (via MacRumors) suggested a 2023 debut. That year has since come and gone. Reliable display analyst Ross Young said in February 2024 that the foldable iPhone had been pushed back to 2025, a timeline Kuo had previously reaffirmed in a tweet in April 2022.
Why the long wait? In February 2024, Weibo-based blogger Fixed Focus Digital suggested that the foldable iPhone project was delayed because Apple was dissatisfied with the screens’ performance. A mid-2024 TrendForce market analysts, reported in 9to5Mac, predicted that Apple’s strict requirements for reliability and the phone display’s crease meant it might not be released until 2027. But Kuo’s more recent March 2025 predictions explicitly noted a crease-free foldable display, suggesting Apple might have moved past this roadblock.
A new patent granted to Apple in July 2024, which was applied for years ago, shows how long the company has been working on a folding iPhone. Kuo’s report in March 2026 said that an Apple foldable could launch at the end of 2026, with a 7.8-inch, crease-free inner display and a 5.5-inch outer display.
Although many reports have focused on the company’s struggles to eliminate the crease within the internal folding display, Apple’s patent indicates that the development has been ongoing for some time. Creases have plagued smart foldable phones since their introduction in 2020, and although the most recent Samsung Galaxy Z Fold 7 and Samsung Galaxy Z Flip 7 have reduced the crease, it’s still visible and noticeable. Still, Samsung hasn’t let phone fans forget it’s long outpaced Apple in releasing foldables by releasing an app that lets Apple phone owners experience a Z Fold-esque experience by placing two iPhones side-by-side.
While rumors began aligning in 2025 around the idea that Apple would release a book-style foldable first, they had previously asserted for years that a clamshell-style foldable would come first. Apple leaker Jon Prosser reported in early 2021 that the iPhone Fold will likely use a clamshell design and come in several “fun colors.” Between the bright pastels of the then-new iPhone 15 and Plus and the sleeker deep blue of the iPhone 15 Pro and Pro Max, an array of fun colors for Apple’s first foldable is a possibility, though they might be limited to the clamshell version of the phone.
Watch this: The Biggest Battles Ahead for Apple’s Next CEO, John Ternus
iPhone 2026 lineup
CNET’s Jeffrey Hazelwood created these custom renders of what an iPhone 18 Pro might look like.
Jeffrey Hazelwood/CNET
There’s no guarantee about which phones Apple will release during its usual September window, but the safest bet is on another series of flat phones, which we expect to be the iPhone 18 line. But what else could be coming alongside the usual lineup?
There could be an iPhone Air 2, though rumors conflict over whether to expect one next year. There’s been a lot more evidence for an iPhone Fold, though whether it comes out in 2026 or in later years is still uncertain. If the iPhone Fold does launch next year, more rumors have suggested a clamshell device has been prioritized and may come first — given reports of Apple researching a book-style foldable, we could get one of those as well.
In mid-January, MacRumors reportedly saw a research note from analyst Jeff Pu suggesting that the iPhone Fold will pack 12GB of memory — as will the entire iPhone 18 line. Apple never discloses how much RAM is included in its phones, but specs sites such as GSMArena have reported that the standard iPhone 17 has 8GB of RAM, while the rest of the series (iPhone Air, 17 Pro and Pro Max) all have 12GB. If correct, that means Apple doesn’t think its foldable will need more memory than its standard flat phones; it would have more screen area but potentially no more advanced hardware than its iPhone 18 siblings.
It’s also interesting to see the standard iPhone 18 packing 12GB of memory, as the RAM shortage is predicted to hike prices on phones released in 2026, and potentially even wipe out the cheapest budget phones from the market until memory prices drop enough to make low-cost phones profitable again. Apple may be willing to absorb the costs for a more capable basic model of the iPhone 18, or perhaps it’ll pass those costs on to the consumer with a price hike.
iPhone Fold or iPhone Air 2?
A mock-up by CNET designer Zooey Liao shows what an iPhone Air 2 with dual-rear cameras might look like.
Zooey Liao/CNET
While the iPhone Air came out with the iPhone 17 handsets, there are conflicting rumors about whether we’ll see an iPhone Air 2 in 2026. A recent report from The Information says Apple is delaying the release of the next version of the iPhone, citing people familiar with the matter. This follows rumors that disappointing iPhone Air sales led Apple to dial back production, though that claim was disputed by TD Cowen in a note seen by AppleInsider, which said the company would continue producing the thin phone. The Information later amended its story to say the delay could be caused by engineers reconsidering the Air’s design to support a second rear camera.
All of this casts doubt on whether we’ll get an iPhone Air 2 next year, but there’s not enough evidence yet to roundly dismiss the possibility.
Two foldable iPhone foldables?
Foldable iPhone hopefuls will at least be encouraged that Apple seemingly continues to tinker with an iPhone Fold design. The company is said to be working on two sizes of folding iPhones: a book-style and a clamshell-style, according to an older report by The Information, although this may be contradicted by a newer report by the same site suggesting Apple had settled on the latter for a smaller device. This aligns with prior rumors hinting that the iPhone Flip will use a clamshell design similar to the Samsung Galaxy Z Flip series or Motorola Razr Ultra.
It sounds like Apple’s been struggling to meet its high expectations: The company’s design team wants the iPhone Fold to be half as thin as current iPhone models and to have displays on the outside that are visible when the device is folded shut, according to the report. Given that the iPhone Air, released in September 2025, whittled the typical iPhone thickness down to 5.6mm, Apple has made progress toward this goal.
Development on the clamshell iPhone Flip was halted around 2020, the earlier report noted, to focus on a new project: a folding iPad. This device would have an 8-inch display, roughly the size of the iPad Mini. The foldable tablet reportedly had less strict durability and thickness requirements, since it wouldn’t need to fit in pockets like an iPhone Flip. Apple was also working on ways to reduce the crease in the display and get the iPad to lie fully flat.
Roadblocks: What still stands in Apple’s way?
CNET’s Vanessa Hand Orellana tests the flexibility of a Corning glass display.
CNET
Samsung and others have been testing the waters, but Apple has been learning from the pain points of its competitors foldable devices and figuring out how they’d be used.
One of these pain points is the crease. Many of the current cover materials, including the glass and plastic mix that Samsung uses for the Z Fold and Z Flip, show a visible crease when folded out to full screen. To avoid it, Apple would likely have to wait for Corning, Apple’s glass provider, to create some kind of bendable version of its Ceramic Shield screen. The company is already working on a bendable glass but hasn’t announced a launch date for it.
Law establishes national prohibition against nonconsensual online publication of intimate images of individuals, both authentic and computer-generated.
First federal law regulating AI-generated content.
Creates requirement that covered platforms promptly remove depictions upon receiving notice of their existence and a valid takedown request.
For many online service providers, complying with the Take It Down Act’s notice-and-takedown requirement may warrant revising their existing DMCA takedown notice provisions and processes.
Another carve-out to CDA immunity? More like a dichotomy of sorts….
On May 19, 2025, President Trump signed the bipartisan-supported Take it Down Act into law. The law prohibits any person from using an “interactive computer service” to publish, or threaten to publish, nonconsensual intimate imagery (NCII), including AI-generated NCII (colloquially known as revenge pornography or deepfake revenge pornography). Additionally, the law requires that, within one year of enactment, social media companies and other covered platforms implement a notice-and-takedown mechanism that allows victims to report NCII. Platforms must then remove properly reported imagery (and any known identical copies) within 48 hours of receiving a compliant request.
Support for the Act and Concerns
The Take it Down Act attempts to fill a void in the policymaking space, as many states had not enacted legislation regulating sexual deepfakes when it was signed into law. The Act has been described as the first major federal law that addresses harm caused by AI. It passed the Senate in February of this year by unanimous consent and passed the House of Representatives in April by a vote of 409-2. It also drew the support of many leading technology companies.
Despite receiving almost unanimous support in Congress, some digital privacy advocates have expressed some concerns that the new notice-and-takedown mechanism could have some unintended consequences for digital privacy in general. For example, some commentators have suggested that the statute’s takedown provision is written too broadly and lacks sufficient safeguards against frivolous requests, potentially leading to the removal of lawful content –especially given the short 48-hour time to act following a takedown request. [Note: In 2023, we similarly wrote about abuses of the takedown provision of the Digital Millennium Copyright Act]. In addition, some have argued that the law could undermine end-to-end encryption by possibly forcing such companies to “break” encryption to comply with the removal process. Supporters of the law have countered that private encrypted messages would likely not be considered “published” under the text of the statute (which uses the term “publish” as opposed to “distribute”).
Criminalization of NCII Publication for Individuals
The Act makes it unlawful for any person “to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual” under certain circumstances.[1] It also prohibits threats involving the publishing of NCII and establishes various criminal penalties. Notably, the Act does not distinguish between authentic and AI-generated NCII in its penalties section if the content has been published. Furthermore, the Act expressly states that a victim’s prior consent to the creation of the original image or its disclosure to another individual does not constitute consent for its publication.
New Notice-and-Takedown Requirement for “Covered Platforms”
Along with punishing individuals who publish NCII, the Take it Down Act requires covered platforms to create a notice-and-takedown process for NCII within one year of the law’s passage. Below are the main points for platforms to consider:
Covered Platforms. The Act defines a “covered platform” as a “website, online service, online application, or mobile application” that serves the public and either provides a forum for user-generated content (including messages, videos, images, games, and audio files) or regularly deals with NCII as part of its business.
Notice-and-Takedown Process. Covered platforms must create a process through which victims of NCII (or someone authorized to act on their behalf) can send notice to them about the existence of such material (including a statement indicating a “good faith belief” that the intimate visual depiction of the individual is nonconsensual, along with information to assist in locating the unlawful image) and can request its removal.
Notice to Users. Adding an additional compliance item to the checklist, the Act requires covered platforms to provide a “clear and conspicuous” notice of the Act’s notice and removal process, such as through a conspicuous link to another web page or disclosure.
Removal of NCII. Within 48 hours of receiving a valid removal request, covered platforms must remove the NCII and “make reasonable efforts to identify and remove any known identical copies.”
Enforcement. Compliance under this provision will be enforced by the Federal Trade Commission (FTC).
Safe Harbor. Under the law, covered platforms will not be held liable for “good faith” removal of content that is claimed to be NCII “based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent,” even if it is later determined that the removed content was lawfully published.
Compliance Note: For many online service providers, complying with the Take It Down Act’s notice-and-takedown requirement may warrant revising their existing DMCA takedown notice provisions and processes, especially if those processes have not been reviewed or updated for some time. Many “covered platforms” may rely on automated processes (or a combination of automated efforts combined with targeted human oversight) to fulfill Take It Down Act requests and meet the related obligation to make “reasonable efforts” to identify and remove known identical copies. This may involve using tools for processing notices, removing content and detecting duplicates. As a result, some providers should consider whether their existing takedown provisions should also be amended to address these new requirements and how they will implement these new compliance items on the backend using the infrastructure already in place for the DMCA.
What about CDA Section 230?
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C § 230, prohibits a “provider or user of an interactive computer service” from being held responsible “as the publisher or speaker of any information provided by another information content provider.” Courts have construed the immunity provisions in Section 230 broadly in a variety of cases arising from the publication of user-generated content.
Following enactment of the Take It Down Act, some important questions for platforms are: (1) whether Section 230 still protects platforms from actions related to the hosting or removal of NCII; and (2) whether FTC enforcement of the Take It Down Act’s platform notice-and-takedown process is blocked or limited by CDA immunity.
On first blush, it might seem that the CDA would restrict enforcement against online providers in this area, as decisions regarding the hosting and removal of third party content would necessarily treat a covered platform as a “publisher or speaker” of third party content. However, a deeper examination of the text of the CDA suggests the answer is more nuanced.
It should be noted that the Good Samaritan provision of the CDA (47 U.S.C § 230(c)(2)) could be used by online providers as a shield from liability for actions taken to proactively filter or remove third party NCII content or remove NCII at the direction of a user’s notice under the Take It Down Act, as CDA immunity extends to good faith actions to restrict access to or availability of material that the provider or user considers to be “obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.” Moreover, the Take It Down Act adds its own safe harbor for online providers for “good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.”
Still, further questions about the reach of the CDA prove more intriguing. The Take It Down Act appears to create a dichotomy of sorts regarding CDA immunity in the context of NCII removal claims. Under the text of the CDA, it appears that immunity would not limit FTC enforcement of the Take It Down Act’s notice-and-takedown provision affecting “covered platforms.” To explore this issue, it’s important to examine the CDA’s exceptions, specifically 47 U.S.C § 230(e)(1).
Effect on other laws
(1) No effect on criminal law
Nothing in this section shall be construed to impair the enforcement of section 223 or 231 of this title [i.e., the Communications Act], chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
Under the text of the CDA’s exception, Congress carved out Section 223 and 231 of the Communications Act from the CDA’s scope of immunity. Since the Take It Down Act states that it will be codified at Section 223 of the Communications Act of 1934 (i.e., 47 U.S.C. 223(h)), it appears that platforms would not enjoy CDA protection from FTC civil enforcement actions based on the agency’s authority to enforce the Act’s requirements that covered platforms “reasonably comply” with the new Take It Down Act notice-and-takedown obligations.
However, that is not the end of the analysis for platforms. Interestingly, it would appear that platforms would generally still retain CDA protection (subject to any exceptions) from claims related to the hosting or publishing third party NCII that have not been the subject of a Take It Down Act notice, since the Act’s requirements for removal of NCII by platforms would not be implicated without a valid removal request.[2] Similarly, a platform could make a strong argument that it retains CDA immunity from any claims brought by an individual (rather than the FTC) for failing to reasonably comply with a Take It Down Act notice. That said, it is conceivable that litigants – or event state attorneys general – might attempt to frame such legal actions under consumer protection statutes, as the Take It Down Act states that a failure to reasonably comply with an NCII takedown request is an unfair or deceptive trade practice under the FTC Act. Even in such a case, platforms would likely contend that such claims by these non-FTC parties are merely claims based on a platform’s role as publisher of third party content and are therefore barred by the CDA.
Ultimately, most, if not all, platforms will likely make best efforts to reasonably comply with the Take It Down Act, thus avoiding the above contingencies. Yet, for platforms using automated systems to process takedown requests, unintended errors may occur and it’s important to understand how and when the CDA would still protect platforms against any related claims.
Looking Ahead
It will be up to a year before the notice-and-takedown requirements become effective, so we will have to wait and see how well the process works in eradicating revenge pornography material and intimate AI deepfakes from platforms, how the Act potentially affects messaging platforms, how aggressively the Department of Justice will prosecute offenders, and how closely the FTC will be monitoring online platforms’ compliance with the new takedown requirements.
It also remains to be seen whether Congress has an appetite to pass more AI legislation. Less than two weeks before the Take it Down Act was signed into law, the Senate Committee on Commerce, Science, and Transportation held a hearing on “Winning the AI Race” that featured the CEOs of many well-known AI companies. During the hearing, there was bipartisan agreement on the importance of sustaining America’s leadership in AI, expanding the AI supply chain and not burdening AI developers with a regulatory framework as strict as the EU AI Act. The senators listened to testimony from tech executives calling for enhanced educational initiatives and the improvement of infrastructure needed for advancing AI innovation, alongside discussing proposed bills regulating the industry, but it was not clear whether any of these potential policy solutions would receive enough support to be signed into law.
The authors would like to thank Aniket C. Mukherji, a Proskauer legal assistant, for his contributions to this post.
[1] The Act provides that the publication of the NCII of an adult is unlawful if (for authentic content) “the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy,” if (for AI-generated content) “the digital forgery was published without the consent of the identifiable individual,” and if (for both authentic and AI-generated content) what is depicted “was not voluntarily exposed by the identifiable individual in a public or commercial setting,” “is not a matter of public concern,” and is intended to cause harm or does cause harm to the identifiable individual. The publication of NCII (whether authentic or AI-generated) of a minor is unlawful if it is published with intent to “abuse, humiliate, harass, or degrade the minor” or “arouse or gratify the sexual desire of any person.” The Act also lists some basic exceptions, such as publications of covered imagery for law enforcement investigations, legal proceedings, or educational purposes, among other things.
[2] Under the Act, “Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—
(A) remove the intimate visual depiction; and
(B) make reasonable efforts to identify and remove any known identical copies of such depiction.
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