"Much has already been said here at Techdirt about the problems with TIDA’s takedown requirements, so I need not repeat those critiques at length. In brief: 48 hours is incredibly fast, the law doesn’t require a process for the user whose content was removed to appeal a takedown or have it restored, it imposes no penalties for bad-faith takedown requests, and it does a poor job of respecting First Amendment protections for speech. It immunizes platforms from liability for removing content that isn’t actually illegal NCII, while simultaneously giving the Federal Trade Commission (FTC) the power to police compliance, as the agency’s chairman reminded a dozen or so major companies in a letter last week.
This is a recipe for rampant abuse. It incentivizes a “remove first, ask questions never” approach. And it’s particularly dangerous in our current political moment. Not only did President Trump vow to use TIDA against unflattering online speech about him, the Trump FTC is led by two hard-right Republican commissioners who’ve been using their position to pursue an anti-LGBTQ, anti-porn agenda. TIDA’s extremely abusable takedown mandate thus poses a huge risk to online free speech in general, and to content posted by queer and trans people and sex workers in particular.
With all that said, the takedown requirements have the potential to do a lot of good. I’ve spent the past several years studying AI-generated CSAM, particularly the use of “nudify” apps – and, more recently, Grok –- to create nonconsensual deepfake pornography.
(...)
In short, the notice-and-takedown process mandated by TIDA might turn out to be really helpful to NCII victims, or it might be wildly abused, or both. The platforms receiving and processing those notices are the only ones who will know. That’s why they should tell us in their transparency reports."
https://www.techdirt.com/2026/05/19/hey-platforms-add-take-it-down-to-your-transparency-reports/
#USA #SocialMedia #TIDA #CSAM #Censorship #Transparency
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