LGBT Tech Joins Civil Society Letter Urging Fixes to TAKE IT DOWN Act

Earlier this month, LGBT Tech joined 19 civil society organizations in signing a letter titled “Fix the TAKE IT DOWN Act to Protect Encryption,” urging Congress to amend key provisions of the bill that threaten private and secure digital communication. While we support the intent to curb the nonconsensual distribution of intimate imagery (NDII), we oppose the current draft of the TAKE IT DOWN Act due to its potential to undermine encryption technology that is vital for the safety and privacy of LGBTQ+ individuals and many others.

The bill imposes a 48-hour takedown requirement on “covered platforms” and requires them to make “reasonable efforts” to identify and remove duplicate content. Yet, the definition of “covered platforms” is overly broad, and the guidance on “reasonable efforts” is vague, raising significant concerns for services that rely on encryption to protect user data.

Although email and broadband providers are exempted, the bill fails to protect private messaging apps, encrypted storage services, and other privacy-focused platforms, putting them at risk of liability unless they weaken or break their encryption.

For LGBTQ+ users, encryption is more than a technical safeguard. It’s a critical tool for privacy and safety, protecting sensitive conversations around identity, health, and relationships, especially in the many regions where LGBTQ+ people face discrimination and criminalization. We call on Congress to amend the TAKE IT DOWN Act to explicitly exempt private messaging services, encrypted storage platforms, and other services that use encryption to protect users. These services should receive the same carve-outs as email and broadband providers. Only then can lawmakers balance the fight against intimate image abuse with the fundamental right to digital privacy.