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Free Speech Concerns
The Electronic Frontier Foundation (EFF) has voiced strong opposition to the recently proposed legislation, warning that it has the potential to be exploited to eliminate content that influential figures find objectionable. The EFF highlighted remarks made by former President Trump during a joint session of Congress, wherein he indicated intentions to leverage the bill for personal purposes.
In his speech, Trump stated, “Once it passes the House, I look forward to signing that bill into law. And I’m going to use that bill for myself too if you don’t mind, because nobody gets treated worse than I do online, nobody,” prompting laughter from attendees.
The EFF urged Congress to take Trump’s statements seriously, emphasizing that he might use the Take It Down Act to retaliate against those he perceives as critics, despite the bill’s stated goals. They noted that the current language of the law does not include provisions to prevent individuals or entities with ample resources from misusing the notice-and-takedown mechanism to suppress criticism.
Concerns regarding free speech were also expressed in a February letter to lawmakers, which was co-signed by several organizations, including the Center for Democracy & Technology, the Authors Guild, Demand Progress Action, the EFF, Fight for the Future, the Freedom of the Press Foundation, New America’s Open Technology Institute, Public Knowledge, and TechFreedom.
The signatories pointed out that the proposed notice and takedown system would not only target the distribution of nonconsensual intimate imagery but could also lead to the removal of legitimate speech that does not violate any laws. Although the bill includes criminal provisions that allow for certain exceptions regarding consensual commercial pornography and public discourse, these exceptions are absent from the takedown system, raising alarms about its potential implications for freedom of expression.
Source
arstechnica.com