Decoder with Nilay Patel Why the Take It Down Act is a not a law, but a weapon
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Mar 13, 2025 
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.
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Blue Sky Example
- A government employee protested Doge by creating an AI video of Trump and Elon Musk.
- Blue Sky debated whether this video constituted NCII and ultimately took it down.
Copyright Strikes vs. NCII
- In the creator economy, strong norms prevent the overuse of copyright strikes.
- This kind of normative discussion isn't possible with non-consensual intimate imagery.
Selective Enforcement
- The Trump administration views laws as tools to be selectively enforced against disliked individuals.
- This undermines the rule of law, as demonstrated by the TikTok ban.