The EFF highlighted that the 48-hour removal window may not be enough time for platforms to verify the legality of the reported content, potentially leading to hasty censorship. They also raised alarms that the law could compel platforms to monitor encrypted or private content to avoid liability.
The Cyber Civil Rights Initiative echoed these concerns, calling the bill “unconstitutionally vague and overbroad”. The group warned that platforms might be forced to take down legitimate content—such as news coverage of public protests or law enforcement alerts—if falsely flagged as non-consensual.
What Happens Next
With the bill now on President Trump’s desk, it is widely expected that he will sign it into law, especially given the high-profile backing from First Lady Melania Trump and bipartisan Congressional support. Once enacted, the Take It Down Act will establish federal standards for takedown requests related to intimate images, creating new liabilities and responsibilities for tech companies.
