Fix the TAKE IT DOWN Act to Protect Encryption
In advance of next week's markup, a broad coalition of civil society organizations, cybersecurity experts, and academics has issued a letter urging Congress to amend the TAKE IT DOWN Act.
We are deeply concerned that this Act, while aiming to address the profoundly harmful issue of nonconsensual distribution of intimate imagery (NDII), poses a significant threat to encryption and, consequently, to the fundamental privacy and cybersecurity of all users.
The letter emphasizes that while combating NDII is crucial, it must be done in a way that doesn't incentivize platforms to compromise cybersecurity or resort to invasive content monitoring technologies that undermine users' privacy and freedom of speech. Encryption is essential for secure communication and data protection, safeguarding individuals from surveillance and censorship.
However, the TAKE IT DOWN Act, through its notice and takedown mechanism, risks incentivizing platforms to scan all user communications—effectively breaking end-to-end encryption. The legislation needs a clear carve-out to protect end-to-end encrypted services, electronic storage services, and other services that rely on encryption, similar to the existing exclusion for email providers.
We urge Congress to consider these critical concerns and work towards solutions that effectively address NDII without sacrificing the essential protections of encryption.