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Why the Take It Down Act is a not a law, but a weapon

Decoder with Nilay Patel · with Adi Robertson · March 13, 2025 · 48 min

Summary

The "Take It Down Act," intended to combat non-consensual intimate imagery (NCII) and AI-generated deepfakes, is critically analyzed as a potentially weaponizable law by the Trump administration. This episode warns against granting broad powers that could stifle free speech and be used for political targeting, highlighting the need for careful consideration of online content regulation.

Key takeaways

Topics covered

take it down actnon-consensual intimate imagery (ncii)ai deepfakesfree speechinternet regulationcontent moderationgovernment overreachplatform liability

Episode description

Today, I’m talking to Verge policy editor Adi Robertson about a bill called the Take It Down Act, which is one in a long line of bills that would make it illegal to distribute non-consensual intimate imagery, or NCII. This is a real and devastating problem on the internet, and AI is just making it worse. But Adi just wrote a long piece arguing that giving the Trump administration new powers over speech in this way would be a mistake. So in this episode, Adi and I really get into the details of the Take it Down Act, how it might be weaponized, and why we ultimately can’t trust anything the Trump administration says about wanting to solve this problem. Links: The Take It Down Act isn’t a law, it’s a weapon | Verge A bill combatting the spread of AI deepfakes just passed the Senate | Verge Welcome to the era of gangster tech regulation | Verge FTC workers are getting terminated | Verge Bluesky deletes AI protest video of Trump sucking Musk's toes | 404 Media Trump supports Take It Down Act so he can silence critics | EFF Scarlett Johansson calls for deepfake ban after AI video goes viral | Verge The FCC is a weapon in Trump’s war on free speech | Decoder Trolls have flooded X with graphic Taylor Swift AI fakes | Verge Teen girls confront an epidemic of deepfake nudes in schools | NYT Credits: Decoder is a production of The Verge and part of the Vox Media Podcast Network. Our producers are Kate Cox and Nick Statt. Our editor is Ursa Wright. The Decoder music is by Breakmaster Cylinder. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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Frequently asked about this episode

What's takeaway #1 from this episode?
The proposed
What's takeaway #2 from this episode?
Take It Down Act," while aiming to address NCII and deepfakes, carries significant risks of being misused as a tool for censorship and political targeting under a Trump administration.
What's takeaway #3 from this episode?
The rapid advancement of AI in creating deepfakes (e.g., Taylor Swift, Scarlett Johansson incidents) necessitates new regulation, but the podcast questions the efficacy of the Take It Down Act without safeguarding against potential abuses of power.
What's takeaway #4 from this episode?
Nilay Patel and Adi Robertson argue that the act's provisions could be broadly interpreted, allowing for the suppression of legitimate expression and criticism.
What's takeaway #5 from this episode?
The episode references past instances where government agencies (like the FCC) were allegedly used for political ends, suggesting a pattern of concern regarding the Trump administration's approach to free speech and online regulation.

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