On the recordDecember 3, 2024
I take seriously the stories of so many people who have had their lives torn apart by nonconsensual intimate imagery (NCII), and I share their urgency in addressing this scourge. To that end, I was happy to see the Senate pass the SHIELD Act earlier this year. I am all for taking on the criminals who terrorize others with nonconsensual or deepfaked images. And I do not oppose incentivizing platforms to take this slime off their platforms when noticed of it. For these reasons, I am not objecting to the TAKE IT DOWN Act. However, I have concerns that the bill could threaten the availability of strong encryption, which is the single best tool to protect the privacy and security of all internet users. Specifically, the notice and takedown mechanism described in the bill could be understood to place a mandate on end-to-end encrypted communications providers to delete messages they cannot technically access. This would give providers no choice but to weaken their communications services to comply. I also have concerns that the takedown system could allow bad actors to take advantage of the system to remove legal, legitimate speech from the internet. These are solvable issues, and I regret that the bill's sponsors did not address them.…





