- United States
- N.Y.
- Letter
Congress needs to fix the TAKE IT DOWN Act before the FTC starts handing out $53,088-per-violation fines. Protecting victims of non-consensual intimate imagery is a legitimate goal, but TIDA as written is a censorship machine with no brakes. Unlike the DMCA, it requires no statement under penalty of perjury, no counter-notice process, and creates zero liability for false claims. Anyone with a grudge can file a removal request, and platforms facing five-figure fines will delete first and ask questions later.
The abuse potential is not theoretical. Political satire — a deepfake of a public figure, no nudity required — could qualify under TIDA's vague "identifiable individuals in sexually explicit conduct" language. A Kamala Harris meme was already pulled from Meta for being "sexual in nature." On top of that, the law applies to encrypted messaging platforms, which means compliance may require breaking end-to-end encryption or scanning messages before they're sent. The FTC's enforcement letters don't even address this conflict.
Please introduce or co-sponsor legislation to amend TIDA with the safeguards Congress stripped out: perjury penalties for false claims, a counter-notice process, and a clear exemption for encrypted communications. The law passed 409-2 because nobody wanted to vote against "stopping revenge porn." That political cover doesn't make the text sound. Fix it.