The Center for Democracy and Technology (CDT), along with several civil society organizations, has called on the Senate to revise the TAKE IT DOWN Act. The proposed legislation aims to address issues related to the nonconsensual disclosure of intimate imagery, including both real and AI-generated content. While acknowledging the harmful nature of such acts and their violation of privacy, CDT and its partners argue that modifications are necessary to safeguard users' rights.
The coalition includes organizations such as Authors Guild, Demand Progress Action, Electronic Frontier Foundation, 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. Together they emphasize that while tackling nonconsensual disclosures is crucial, it is equally important to prevent undue censorship of speech that does not fall under this category. They also highlight concerns about potential threats to encrypted services.
Under the TAKE IT DOWN Act, a federal offense would be established for sharing intimate imagery without consent. This includes a new notice-and-takedown mechanism overseen by the Federal Trade Commission (FTC). According to CDT's previous writings on the matter, this legislative effort seeks to fill gaps in current takedown protocols under the Digital Millennium Copyright Act (DMCA). However, in its present form, there are fears it could inadvertently suppress legal speech and pose risks to platforms using encryption.
For more detailed information regarding these recommendations and concerns about the bill's impact on user rights and platform security practices, interested parties can access the full letter from CDT and its allies.
