TAKE IT DOWN Act Shows That Noble Intentions Can Make Bad Tech Policy

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David Inserra
David Inserra

No one wants revenge porn and other forms of non-consensual intimate imagery (NCII) to spread online or offline. And with AI being used to create even more of this kind of content, shouldn’t we be able to find common ground to remove such content quickly? 

That’s the approach taken by the TAKE IT DOWN Act cosponsored by Sen. Ted Cruz (R‑TX) and Sen. Amy Klobuchar (D‑MN), which passed the Senate and is now being considered in the House of Representatives. While the bill has noble intentions, it creates a takedown regime that will be abused to silence legitimate speech and threaten encryption. 

NCII Should Be — and Already Is — Illegal 

The first portion of the TAKE IT DOWN Act makes it a crime to publish and share content both real and digitally created, intimate imagery of individuals without their consent. These prohibitions create stricter rules and greater penalties when they involve minors. These provisions also include exceptions for content that is a matter of public concern or was shared with law enforcement, part of a legal filing, within a medical or educational purpose or is otherwise shared as part of reporting or trying to help the victim. 

This section closely mirrors similar legislation such as the SHIELD and DEFIANCE acts, which also criminalize or create civil liability for those who produce or try to distribute such content. Indeed, NCII deserves to be illegal and, as other groups have pointed out, there are already an array of criminal and civil laws that apply to NCII. To the extent that these laws need to be clarified and strengthened to apply to modern AI-generated NCII, Congress can take carefully tailored action to ensure real legal punishments can be applied to those disseminating such abusive content. 

TAKE IT DOWN’s Unintended Consequences 

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https://www.cato.org/blog/take-it-down-act-shows-noble-intentions-can-make-bad-tech-policy

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Context
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Primary Purpose for Collection and Use of Data
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Mailing List
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Mobile Devices
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Order Placement
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We use your information to perform our contract to provide you with products or services.
Partner Promotion
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We use this information to fulfil our promotions.
Surveys
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We use this information to understand your opinions and collect information relevant to our organization.
Sweepstakes or Contests
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We use this information to operate the sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes.
Website Interactions
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We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web Logs
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our products or services is the most popular.

Revisions to This Policy

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About PaperlessTimes

PaperlessTimes is really just a hobby site comprised of some of my favorite and most read conservative leaning sources.  The main idea is just aggregate RSS feeds centralized in one area so I can simply take a quick look at the latest articles and pop on over to the full article if wanted; saves a bit of time from going from site to site looking for something that might interest me.

I long ago lost any faith in what is commonly known as mainstream “news” recognizing that it’s not just how a story is framed, but also what is omitted in what passes for information these days.  There are many, many great authors and thinkers in conservative thought who have the freedom to focus not on narrative and instead on substance.

This is always a work in progress for my own use, but if you find it useful, that is awesome.  If there’s a feed you read that you would possibly like added, (always interested in expanding), have any complaints or suggestions, feel free to use the contact form .  There is a bit of marketing on this site which is more of a test run for developing stuff.  If anything catches your eye, buy away, for it does go to me.

thanks, Steve

 

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This is a hobby site, but if you find it useful and have any suggestions, complaints, new feed ideas, feel free to shoot me a line.