Congress Passes TAKE IT DOWN Act Despite Major Flaws
Electronic Frontier FoundationMAY 5
Trump Signs Bill to Combat Nonconsensual Explicit Content
Above: Donald Trump signs the TAKE IT DOWN Act into law during a signing ceremony in the Rose Garden of the White House in Washington, D.C. on May 19, 2025. Image copyright: Chip Somodevilla/Staff/Getty Images News via Getty Images
The Spin
Pro-establishment narrative
The Take It Down Act represents a crucial victory for victims of online exploitation, particularly women and minors who have suffered devastating consequences from nonconsensual intimate imagery. It provides tools to help victims reclaim their privacy and dignity, mandates swift takedowns, and imposes clear criminal penalties — while narrowly targeting bad actors to protect lawful speech. It's also proof that bipartisan action in Congress is still possible.
Libertarian narrative
The legislation's broad scope and rushed 48-hour takedown deadline risk overcensorship and abuse. Without clear definitions or safeguards, platforms may remove lawful speech — journalism, satire, even art — out of fear of liability. Automated filters and vague standards could be exploited to silence critics or unpopular views. The law also threatens encryption and user privacy, making it a dangerous tool despite its well-meaning intent.
Progressive narrative
The Take It Down Act is a start — but a weak one. It narrowly targets pornographic deepfakes, ignoring the growing threats of non-sexual AI misuse like impersonation, fraud, and identity theft. Victims still bear the burden of policing their abuse; loopholes let bad actors dodge accountability. Worse, the law kicks in only after harm is done. Without stronger protections and proactive enforcement, this bill is far from enough.