The House Energy and Commerce Committee is advancing the TAKE IT DOWN Act, targeting the removal of non-consensual intimate imagery (NCII). However, the bill's notice-and-takedown system presents significant risks to free expression and privacy, allowing potential misuse by powerful individuals and undermining due process. It lacks safeguards against frivolous takedown requests and mandates rapid compliance within 48 hours, putting immense pressure on online service providers. This might result in wrongful censorship and the abandonment of encryption by platforms, compromising user privacy for compliance with the legislation.
The TAKE IT DOWN Act aims to expedite the removal of non-consensual intimate imagery but risks undermining free expression and user privacy with its notice-and-takedown system.
Mandating a 48-hour takedown deadline, the bill places undue pressure on online service providers to comply, risking wrongful censorship of lawful content.
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