•      "While the bill is meant to address a serious problem, good intentions alone are not enough to make good policy…Lawmakers should be strengthening and enforcing existing legal protections for victims, rather than inventing new takedown regimes that are ripe for abuse…The takedown provision also lacks critical safeguards against frivolous or bad-faith takedown requests. Services will rely on automated filters, which are infamously blunt tools…They frequently flag legal content, from fair-use commentary to news reporting. The law’s tight time frame requires that apps and websites remove speech within 48 hours, rarely enough time to verify whether the speech is actually illegal." Source: Electronic Frontier Foundation, Free Speech Center 

•      "CCRI must, however, note its objection to the exception provided for “a person who possesses or publishes an intimate visual depiction of himself or herself,” which creates a dangerous loophole that would seemingly allow a person to disclose intimate images without consent so long as that person also appears in the image…CCRI has serious concerns about the constitutionality, efficacy, and potential misuse of TAKE IT DOWN Act’s notice and removal provision because it is (1) unlikely to accomplish these goals and (2) likely to be selectively and improperly misused for political or ideological purposes that endanger the very communities most affected by image-based sexual abuse." Source: Cyber Civil Rights Organization

•      "The TAKE IT DOWN ACT creates unacceptable risks to users’ fundamental privacy rights and cybersecurity by undermining encryption. The bill is intended to address nonconsensual distribution of intimate imagery (NDII), which is profoundly harmful and violative of victims’ privacy and autonomy. But those harms must be addressed in a manner that does not incentivize platforms to compromise cybersecurity or use invasive content monitoring technologies that diminish users’ privacy and freedom of speech. The right to private communications is a cornerstone of free speech, and today, private, secure communications are made possible by encryption. Encryption is a best practice in data privacy and security, protecting all Americans from undue surveillance and censorship. The TAKE IT DOWN Act, through its notice and takedown mechanism and overbroad definition of “covered platform,” presents an existential threat to encryption. Among its provisions, the Act requires covered platforms to remove reported NDII and “make reasonable efforts to identify and remove any known identical copies” within 48 hours of receiving valid requests." Source: The Internet Society