Lawfare Daily: Digital Forgeries, Real Felonies: Inside the TAKE IT DOWN Act

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Recorded06 May 2025

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The TAKE IT DOWN Act is the first major U.S. federal law to squarely target non‑consensual intimate imagery (NCII) and to include a component requiring tech companies to act. Long handled via a patchwork of state laws, it criminalizes NCII at the federal level—both authentic images and AI-generated digital forgeries—and requires that platforms remove reported NCII within 48 hours of notification by a victim or victim's representative. TAKE IT DOWN passed with wide bipartisan support—unanimously in the Senate, and 409-2 in the House. Melania Trump championed it, and it is expected that President Trump will sign it. And yet, some of the cyber civil rights organizations that have led the fight to mitigate the harms of NCII over many years have serious reservations about the bill as passed. Why?Lawfare Contributing Editor Renée DiResta sits down with Mary Anne Franks, President and Legislative & Technology Policy Director at the Cyber Civil Rights Initiative, and Eugene L. and Barbara A. Bernard Professor in Intellectual Property, Technology, and Civil Rights Law at the George Washington Law School; Becca Branum, Deputy Director of the Free Expression Project at the Center for Democracy & Technology; and Adam Conner, Vice President, Technology Policy at the Center for American Progress to unpack what the bill does, why it suddenly cruised through on a rare bipartisan wave of support, and whether its sweeping takedown mandate will protect victims or chill lawful speech. This is a nuanced discussion; some of the guests support specific aspects of the bill, while disagreeing about the implementation of others. Expect clear explanations, constructive disagreement, and practical takeaways for understanding this important piece of legislation.More resources:TAKE IT DOWN Act Legislative Summary and TextBecca Branum and Tom Bowman's letter urging changes to TAKE IT DOWN prior to passageCyber Civil Rights InitiativeSenate press release upon House signing, including list of 120 supporting organizationsTo receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

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