27 May 2026·6 min read·By Valerie Dubois

FBI Arrests Two Men Under Take It Down Act for Nonconsensual AI Porn

Under the Take It Down Act, FBI agents easily identified two suspects posting AI porn; one used his own photo as a profile picture.

FBI Arrests Two Men Under Take It Down Act for Nonconsensual AI Porn

Arrests have begun. But what the first two cases under the Take It Down Act reveal about how federal agents tracked down the suspects isn't sophisticated digital forensics or cybercrime task forces working across borders. In one instance, the alleged offender simply used his own photograph as his profile picture on the porn site where he uploaded hundreds of AI-generated albums.

They're easy to find. Last week, the FBI arrested two men accused of violating the Take It Down Act, which targets nonconsensual intimate imagery including AI-generated deepfakes, and court affidavits show how straightforward identifying them turned out to be. The charges mark some of the earliest enforcement actions under the statute.

Two Arrests, Two Very Different Mistakes

He's only twenty. But Arturo Hernandez allegedly posted 113 albums viewed nearly a million times that featured AI-generated sexualized images of approximately 50 women, and his targets included political figures, actresses, musicians, women from his Texas high school, and an Instagram friend.

Hernandez seemingly tried to cover his tracks by registering a Gmail account using the nickname "Ryan" instead of his real first name. But that alias followed him elsewhere online, including his Snapchat account. And when investigators found a second account re-posting all of Hernandez's alleged uploads, digital breadcrumbs led directly back to him since it linked to his PayPal and its IP matched his Apple iCloud records. He couldn't escape.

Here is the part the press release skipped. Cops also discovered Hernandez had saved the exact source image used to create one victim's AI porn directly in a folder on his own Instagram account. That content had been viewed more than 36,000 times. He also followed the victim's Instagram profile. The connection was not hidden. It was sitting in plain sight.

FBI Agent Explains the Digital Trail

They didn't crack encryption. Using geo-location data, IP addresses, and social media activity, FBI Special Agent Christopher Powell's affidavits for both investigations painted clear pictures of the suspects' identities without deploying covert surveillance. So they visited porn websites and clicked on hashtags like #AI and #Deepfakes. They looked at video titles including "AI_tits" and "Ass_AI." But the content's public, and the uploaders left trails.

person holding black smartphone with black and white case

The New York Profile Pic

Cornelius "Neil" Shannon is 51. According to Powell's affidavit, Shannon allegedly published approximately 360 AI-generated albums viewed more than 2 million times, featuring around 90 women, most of whom were political figures, actresses, and musicians. But it's unbelievable. Shannon apparently used his own photo as his profile picture on the porn site account.

Cross-referencing Department of Motor Vehicle records and surveillance photos, agents alleged that a man seen posing in a Mets baseball shirt on the account's profile appeared to be Shannon. That was it. That was the break in the case. Both men now risk up to two years in prison if convicted under the Take It Down Act.

FTC Fires Warning Shots at Nudify Tools

The arrests come. Federal regulators're ramping up pressure on the ecosystem enabling this content, and last week the FTC sent warning letters to 12 companies offering so-called "nudify" tools that appear to violate the Take It Down Act. And the letters demand platforms implement a process allowing victims to request removal of nonconsensual intimate images within 48 hours.

Non-compliance's penalty's significant. Companies face civil penalties up to $53,088 per violation, and the FTC also sent letters to major platforms, including:, after a deadline passed this month requiring all online platforms to have such removal processes in place.

  • Amazon, Alphabet, Apple, and Microsoft
  • Meta, Snapchat, TikTok, and X
  • Reddit, Discord, Pinterest, and Bumble
  • Match Group, Automattic, and SmugMug
"This predatory conduct represents a disturbing abuse of technology that inflicts emotional harm on victims, violating their privacy, dignity, and security," said James C. Barnacle, Jr., assistant director in charge of the New York FBI field office. "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."

Joseph Nocella, Jr., United States Attorney for the Eastern District of New York, accused the suspects of using "cutting-edge digital technology to create images that degraded and violated victims across the United States."

The Burden Falls on Victims

But it's missing something. The Take It Down Act has a structural flaw even with aggressive enforcement and platform warning letters because it doesn't stop the initial sharing of harmful images and it still puts the burden squarely on victims to monitor the internet and flag content across every platform where it appears.

Critics warn it's abused. People hoping platforms will automatically remove any reported content they dislike might exploit the system, so the mechanism that's supposed to protect victims can become a tool for censorship when wielded in bad faith.

Three girls sued X. They're claiming its chatbot Grok turned their real photos into AI child sexual abuse materials, so the company posted guidance last week through its Safety account. But users can now report content by tapping the three-dot menu, selecting 'Private or Non-Consensual Content' then 'Report content under the US Take It Down Act' and completing the form. The team reviews reports "as fast as possible and well within the Act's 48-hour timeline," the company said.

What Happens Next

Now for the awkward part. Even arrests may not stop some offenders. An Ohio man hailed by the Justice Department as the first arrest under the Take It Down Act continued making sexualized deepfakes while on pre-trial release. The technology remains cheap, accessible, and difficult to suppress entirely. Agents have signaled they will keep pursuing cases. But the tools to cause harm are not going anywhere, and the law, for all its teeth, still requires victims to be their own first line of defense.

The early lesson from these arrests is clear. Identifying perpetrators is not the hard part. The hard part is building a system where victims do not have to hunt down their own abuse across the internet, one platform at a time.

Frequently Asked Questions

What is the Take It Down Act?

The Take It Down Act is a federal law that criminalizes the nonconsensual distribution of intimate images, including AI-generated deepfake pornography.

Why were the two men arrested under this act?

They were arrested for creating and sharing AI-generated pornographic images of real individuals without their consent, violating the Take It Down Act.

Does the Take It Down Act cover AI-generated content?

Yes, the law explicitly includes AI-generated or digitally altered intimate images that appear realistic and are shared without consent.

What are the penalties for violating the Take It Down Act?

Penalties can include up to 10 years in federal prison, fines, and mandatory restitution to victims.

How can someone report a violation of the Take It Down Act?

Reports can be filed with the FBI through their online tip line or by contacting local field offices.

Valerie Dubois
Written by
Policy Editor

Valerie Dubois covers public policy and regulation, with a focus on how decisions made by governments affect technology and society. She follows the debates that shape the rules we all live by.

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