Trump’s hasty Take It Down Act has “gaping flaws” that threaten encryption
Everyone expects that the Take It Down Act—which requires platforms to remove both real and artificial intelligence-generated non-consensual intimate imagery (NCII) within 48 hours of victims’ reports—will likely pass a vote in the House of Representatives tonight.
After that, it goes to Donald Trump’s desk, where the president has confirmed that he will promptly sign it into law, joining first lady Melania Trump in strongly campaigning for its swift passing. Victims-turned-advocates, many of them children, similarly pushed lawmakers to take urgent action to protect a growing number of victims from the increasing risks of being repeatedly targeted in fake sexualized images or revenge porn that experts say can quickly spread widely online.
Digital privacy experts tried to raise some concerns, warning that the law seemed overly broad and could trigger widespread censorship online. Given such a short window to comply, platforms will likely remove some content that may not be NCII, the Electronic Frontier Foundation (EFF) warned. And even more troublingly, the law does not explicitly exempt encrypted messages, which could potentially encourage platforms to one day break encryption due to the liability threat. Also, it seemed likely that the removal process could be abused by people who hope platforms will automatically remove any reported content, especially after Trump admitted that he would use the law to censor his enemies.
