Updated: September 3, 2026 · Docs · Clothoff AI Editorial Team
What is digital consent?
A glossary entry on what counts as consent for intimate and AI-altered images under US federal law, and how the rule shapes our reviews.
Educational glossary entry by a review publisher; not legal advice.
What does the federal definition require?
Digital consent is the affirmative, informed and revocable agreement of the person depicted to the creation and sharing of an image of them, including an AI-altered version. The TAKE IT DOWN Act of 2025 defines consent as an affirmative, conscious and voluntary authorization free from force, fraud, duress, misrepresentation or coercion; consent to create is not consent to publish.
The statute gives a checklist; each element applies to authentic images and digital forgeries alike.
| Element | Statutory wording | Practical meaning |
|---|---|---|
| Affirmative | “affirmative, conscious, and voluntary authorization” | Silence or a public profile is not consent |
| Free of pressure | free from “force, fraud, duress, misrepresentation, or coercion” | Consent under threat or deception does not count |
| Creation ≠ publication | consent to creation “shall not establish” consent to publication | A private photo cannot be posted without new consent |
| Sharing ≠ publication | disclosure to one person does not establish consent to publish | Forwarding a received image is still a violation |
| Digital forgery covered | depiction created through software, machine learning, AI | An undress-style edit needs the same consent |
How does US law define it?
The TAKE IT DOWN Act, signed May 19, 2025, is the first federal statute to spell out consent for intimate images. Knowing publication without consent carries up to 2 years in prison for adult victims and 3 years for minors, and a digital forgery is treated like an authentic photo.
State law adds detail. Virginia, Minnesota and New York, among others, define digitally created or altered images in their intimate-image statutes; our state table lists verified sections. Civil remedies under the pending DEFIANCE Act would add liquidated damages.
Why is consent to a photo not consent to a synthetic nude?
Consent is specific. A person who posts a beach photo agreed to that picture in that context, not to a generated version showing them undressed. The federal definition makes this explicit by separating creation from publication and covering forgeries.
Consent is also revocable and person-bound. A former partner, a public figure or a colleague has not consented because their face is available. Every tool in our catalog is reviewed against this rule, and services that market impersonation of identifiable people are excluded under our acceptable use policy.
How does the consent rule shape our reviews?
The Responsible AI principles set one condition for every review: tools may be used only on your own photos or on photos of consenting adults 18 or older. Test images are editorial control photos or synthetic bases, never third-party pictures.
We also check whether a service states a consent rule, offers a removal route and limits retention, and we report what we find in each review. Companion services in AI girlfriend apps face the same standard for any uploaded likeness.
“The term ‘consent’ means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.”
— TAKE IT DOWN Act, Public Law 119-12, Sec. 2 definitions, accessed September 3, 2026
Consent Note
This site is a publisher: it reviews third-party tools and does not create, edit, accept or store images. Docs entries are general information, not legal advice.
Sources
All sources accessed on September 3, 2026; educational entry, not legal advice.
FAQ: Digital consent
Is a public photo enough to consent to an AI edit?
No. Publishing a photo is consent to that image in that context, not to a generated version showing the person undressed. The federal definition requires affirmative, voluntary authorization and separates creation from publication, so a synthetic intimate image needs its own explicit consent.
Can consent be withdrawn?
Yes. Consent is revocable, and the statute treats each publication separately. If a person who once agreed to an image asks for removal, continued posting can become a violation, and covered platforms must act on a valid notice within 48 hours regardless of earlier permission.
Does consent matter if the image is labeled as fake?
Yes. The TAKE IT DOWN Act and the pending DEFIANCE Act both state that a label, disclaimer or context saying the image is not authentic does not change its status as a digital forgery. Only the depicted person’s consent does.
What if both people are adults in a relationship?
Consent still has to be specific and free of pressure, and it covers creation separately from sharing. An image made together cannot be posted or forwarded without new consent. Threatening to publish is itself a federal offense, with up to 18 months in prison for a forgery.
How do you verify consent in your tests?
We do not use third-party photos. Test inputs are editorial control photos of adult team members who agreed in writing, or synthetic base images that depict no real person. The rule is printed with every rating, and services that encourage impersonation are not reviewed.
Where can a depicted person report an image?
Report to the hosting platform, which must remove it within 48 hours under federal law, and add a StopNCII hash so copies are blocked elsewhere. If the image is tied to a tool we review, our NCII report form documents the request and the response.