The Senate Passed The TAKE IT DOWN Act, Threatening Free Expression and Due Process

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Earlier this month, the Senate passed the TAKE IT DOWN Act (S. 146), by a voice vote. The bill is meant to speed up the removal of non-consensual intimate imagery, or NCII, including videos that imitate real people, a technology sometimes called “deepfakes.” 

Protecting victims of these heinous privacy invasions is a legitimate goal. But good intentions alone are not enough to make good policy. As currently drafted, the TAKE IT DOWN Act mandates a notice-and-takedown system that threatens free expression, user privacy, and due process, without addressing the problem it claims to solve. 

This misguided bill can still be stopped in the House of Representatives. Help us speak out against it now. 

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“Take It Down” Has No real Safeguards  

Before this vote, EFF, along with the Center for Democracy & Technology (CDT), Authors Guild, Demand Progress Action, Fight for the Future, Freedom of the Press Foundation, New America’s Open Technology Institute, Public Knowledge, Restore The Fourth, SIECUS: Sex Ed for Social Change, TechFreedom, and Woodhull Freedom Foundation, sent a letter to the Senate, asking them to change this legislation to protect legitimate speech that is not NCII. Changes are also needed to protect users who rely on encrypted services.

The letter explains that the bill’s “takedown” provision applies to a much broader category of content—potentially any images involving intimate or sexual content at all—than the narrower NCII definitions found elsewhere in the bill. The bill

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