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Did you even read the article? They're not claiming there is actually anything wrong with requiring operators to take down NCII. In fact they say 48 states alre
by mattmaroon 2y ago
Did you even read the article? They're not claiming there is actually anything wrong with requiring operators to take down NCII. In fact they say 48 states already have laws to do this.
Their issue is that with a 48 hour window and pretty loose definitions of what must be taken down, it's going to lead to smaller companies just taking down anything at all that someone files that claim for. Even bigger companies might just err on the side of caution and take down anything flagged, the way they once did with DMCA notices. That system was abused for quite some time.
Consensual adult porn, for instance, is legal here and protected by the First Amendment. What if your porn company's rival just files that notice on you? Can Pornhub adjudicate every dispute in 48 hours?
What happens with a claim made against any communication that is end-to-end encrypted and thus unviewable by the operator? Etc.
"The takedown provision applies to a much broader category of content—potentially any images involving intimate or sexual content—than the narrower NCII definitions found elsewhere in the bill. The takedown provision also lacks critical safeguards against frivolous or bad-faith takedown requests. Lawful content—including satire, journalism, and political speech—could be wrongly censored. "