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The TAKE IT DOWN Act: A Flawed Attempt to Protect Victims That Will Lead to Censorship

Congress has begun debating the TAKE IT DOWN Act (S. 146), a bill that seeks to speed up the removal of a troubling type of online content: non-consensual intimate imagery, or NCII. In recent years, concerns have also grown about the use of digital tools to alter or create such images, sometimes called deepfakes. While protecting victims of these heinous privacy invasions is a legitimate goal, good intentions alone are not enough to make good policy. As currently drafted, the Act mandates a noti...

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