The Congress Approves the ‘Take It Down’ Law Despite Its Major Deficiencies.

Today, the U.S. House of Representatives took a significant step by passing the controversial bill known as TAKE IT DOWN. This legislation provides established powers with a new and troubling avenue to influence digital platforms, allowing them to remove legitimate content that may be uncomfortable or unfavorable. Former President Donald Trump has expressed his intention to use this law to silence his critics, clearly demonstrating how politics can intertwine with censorship.

The content covered by the removal clause of this law is considerably broad. It includes the removal of everything from intimate images to any material that may contain sensitive topics, moving away from the more specific definitions of “non-consensual intimate images.” A concerning lack of safeguards is evident in the absence of measures against removal requests that may be frivolous or malicious. Online platforms will be forced to rely on automated filters, which are known for their inefficiency and for frequently removing legal content, including legitimate comments and journalistic reports.

The law requires that any content marked for removal be taken down within a maximum of 48 hours, a timeframe that is typically insufficient to verify the legality of the speech in question. This pressure is likely to lead many services, especially smaller ones, to err on the side of caution by removing content rather than risking legal consequences when considering removal cases.

Congress’ approach to addressing issues related to the non-consensual dissemination of intimate images raises serious concerns. TAKE IT DOWN forces platforms to further monitor speech, including communications that are currently encrypted. This poses a significant threat to online security and privacy. Although the intention to address a serious problem is evident, it is clear that good intentions without an appropriate structure can ultimately create more problems than solutions. Lawmakers should focus on strengthening and enforcing existing laws that protect victims, rather than implementing new removal regimes prone to abuse.