Tech Policy Podcast 406: The Take It Down Act (Is a Weapon)
May 7, 2025
Jess Miers, Assistant Professor of Law at the University of Akron, joins to unpack the Take It Down Act, a controversial federal bill aimed at non-consensual intimate imagery. She critiques its potential for widespread censorship and the vague definitions that could lead to overreach. Miers highlights the disconnect among politicians regarding innovative tech policies and the risks for marginalized communities. The conversation sheds light on the challenges of enforcement and the regulation of online content, raising crucial questions about free speech.
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Take It Down Act Is Censorship Tool
- The Take It Down Act targets non-consensual intimate imagery and deepfake sex content.
- Civil liberties groups warn it may serve primarily as a tool for censorship rather than protection.
Broad Criminal and Removal Provisions
- The bill criminalizes knowingly publishing non-consensual intimate images and certain digital forgeries.
- It also mandates platforms to remove such content within 48 hours but with vague definitions and broad scope.
Take It Down Worse Than DMCA
- The law's takedown regime resembles the DMCA but lacks safeguards like verification and specific identification.
- It pressures platforms into quick removals and immunity encourages over-removal and potential abuse.