Why the Take It Down Act is a not a law, but a weapon
Mar 13, 2025
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In this discussion, Adi Robertson, a Verge policy editor who focuses on online speech and AI regulation, dives into the controversial Take It Down Act. They analyze how this legislation, designed to combat non-consensual intimate imagery, could actually be weaponized for political ends. Adi warns about the Trump administration's involvement and the implications for free speech. The conversation also touches on the role of tech companies and AI in moderating sensitive content, highlighting the challenges they face in an increasingly polarized environment.
The Take It Down Act attempts to address non-consensual intimate imagery but may become a tool for political manipulation under the Trump administration.
Concerns about the vague definitions of NCII could lead to inconsistent enforcement and overwhelming moderation challenges for digital platforms.
The intersection of the Take It Down Act with copyright laws complicates implementation and poses risks for unintended legal ramifications and abuses.
Deep dives
Understanding the Take It Down Act
The Take It Down Act is aimed at addressing non-consensual intimate imagery (NCII), including AI-generated deepfake content and revenge porn. The bill proposes criminal penalties for individuals sharing this content and mandates that platforms must take down reported instances within 48 hours to avoid penalties imposed by the Federal Trade Commission (FTC). This requirement for rapid removal creates a significant responsibility for platforms that often lack the precise capability to moderate content accurately. The intention behind the act is to offer immediate protections for victims but raises concerns about its practical implementation and enforceability.
Concerns About Selective Enforcement Under the Trump Administration
The bill’s enforcement may be significantly impacted by the current political climate, particularly the potential for selective enforcement by the Trump administration. Critics argue that the law might be deployed as a weapon against political opponents rather than an equitable solution for NCII victims. The administration's track record raises fears that enforcement will vary based on personal grievances rather than adherence to the law, leading to arbitrary outcomes that undermine the act's intended protections. This context casts doubt on the administration’s commitment to genuinely protecting victims of NCII.
Challenges of Definitions and Moderation Standards
The Take It Down Act introduces complications regarding how intimate and inappropriate imagery is defined, which can lead to inconsistent enforcement. There is concern that the law lacks clear guidelines for what constitutes NCII, making it challenging for platforms to moderate effectively. Cases like AI-generated images of public figures highlight the law's ambiguity, as they navigate the line between acceptable political commentary and non-consensual content. Such complexities could result in platforms being overwhelmed with subjective moderation decisions that could not only create inconsistencies but also legal challenges.
Impact on Copyright and Broader Legal Frameworks
The Take It Down Act intersects with existing copyright laws, as most NCII material may not conform to established legal ownership definitions, complicating enforcement. Unlike traditional NCII cases based on held images, AI-generated content poses a unique challenge regarding creator rights and removal obligations. This situation invites the risk of distorting copyright discussions and potentially creating loopholes that perpetuate NCII abuses instead of mitigating them. The potential for misuse of the law and its broad enforcement mechanisms stresses the need for careful consideration of how to regulate such digital content without compromising legal integrity.
Reactions and Potential for Legislative Outcomes
Responses to the proposed bill are mixed within Congress, reflecting concerns about its ramifications versus the urgency of addressing NCII. While there is bipartisan support for taking action against NCII, there is also skepticism about the effectiveness of the Take It Down Act given the existing political backdrop. Advocates suggest that alternative solutions, such as the Defiance Act, which incorporates more refined measures without invasive enforcement, may better protect victims. The legislative landscape remains unpredictable, reflecting the broader struggle for a balance between regulatory action and civil liberties in the current political environment.
Today, I’m talking to Verge policy editor Adi Robertson about a bill called the Take It Down Act, which is one in a long line of bills that would make it illegal to distribute non-consensual intimate imagery, or NCII. This is a real and devastating problem on the internet, and AI is just making it worse.
But Adi just wrote a long piece arguing that giving the Trump administration new powers over speech in this way would be a mistake. So in this episode, Adi and I really get into the details of the Take it Down Act, how it might be weaponized, and why we ultimately can’t trust anything the Trump administration says about wanting to solve this problem.
Links:
The Take It Down Act isn’t a law, it’s a weapon | Verge
A bill combatting the spread of AI deepfakes just passed the Senate | Verge
Welcome to the era of gangster tech regulation | Verge
