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  1. United States
  2. Calif.
  3. Letter

Take It Down Act is going to be used to infringe on Free Speech

To: Sen. Schiff, Sen. Padilla, Rep. Swalwell

From: A constituent in Livermore, CA

March 8

The TAKE IT DOWN Act aims to protect victims of nonconsensual intimate visual depictions, but some provisions raise valid free speech and privacy concerns. While criminalizing malicious sharing of such content is reasonable, requiring platforms to remove identical copies could be problematic for encrypted services unable to view content. The notice-and-takedown system lacks safeguards against abuse, potentially enabling false claims that silence legitimate expression. Clarifying language is needed to prevent overremoval of lawful material and ensure reasonable efforts don't compel encryption-breaking. Balancing privacy rights with free speech principles is crucial as this bill moves forward.

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