by Larry Magid
The Take It Down Act, which passed the Senate unanimously and the House with a 409–2 vote and was signed by President Trump on May 19 will help protect children as well as adults from non-consensual sharing of intimate images.
The law makes it a federal offense to knowingly share or threaten to share intimate images without the subject’s consent, covering both real and AI-generated content, which strikes me as a good example of common-sense legislation.
The criminal provisions of the law took effect immediately and, in addition to prosecuting perpetrators, it requires Online platforms that host user-generated content to implement procedures for the removal of such imagery within 48 hours of receiving a takedown request and make reasonable efforts to remove duplicates or reposts
However, the bill wasn’t entirely without controversy. The Electronic Frontier Foundation, for example, fears that it “pressures platforms to actively monitor speech, including speech that is presently encrypted,” and “thus presents a huge threat to security and privacy online.” The law doesn’t explicitly mention encryption, but it does require platforms to take “reasonable steps” to prevent the reappearance of material that has been taken down.
Congressman Thomas Massie (R-KY) was one of only two no votes, posting on X that it’s “a slippery slope, ripe for abuse, with unintended consequences.”
While I understand concerns about unintended consequences, I believe this legislation is necessary to protect both minors and adults from sexual exploitation. And I would argue that bypassing encryption is not a “reasonable step.”
If you or your child are a victim
If you or your child are the victim of non-consensual sharing of intimate images (often referred to as “revenge porn” or image-based sexual abuse), it’s important to take immediate and strategic steps to protect yourself and get the images removed.
- Make sure that you and your family are safe and not in any physical danger. Contact law enforcement if necessary.
- Document the evidence by taking screenshots and noting the timestamps if they are available.
- Use the reporting tools on sites or apps that display the images to request they be taken down.
- Consider contacting an attorney who specializes in internet privacy or sexual abuse cases.
- Seek emotional support from trusted friends or support groups or therapists.
- If the victim is a minor, use the National Center for Missing & Exploited Children’s Take It Down tool.
- Follow additional steps recommended by the Cyber Civil Rights Initiative