GoKawiilStarting on Tuesday, May 19, tech platforms have to provide a way for people to report nonconsensual intimate images and videos, or NCII, uploaded to their platforms. The new requirement is thanks to the Take It Down Act, a law backed by First Lady Melania Trump that passed last year with bipartisan support.
The Take It Down Act applies broadly to a range of apps and online services, including social media and gaming platforms, according to business guidance published by the Federal Trade Commission, which is responsible for enforcing platforms’ compliance with the law.
WIRED reached out to 14 companies that disclosed federal lobbying spending on the act to ask whether they believed they are subject to the law, and if so, how people could submit a takedown request.
Several company spokespeople were quick to say their companies supported the legislation, but they took additional time to explain how people could actually file a takedown request. One assured WIRED that their platform offered a secure reporting form, but did not provide a link to the form in question until after WIRED followed up multiple times. Two companies provided links to support pages that appear to have been updated after WIRED reached out. At least two host their forms on third-party websites, potentially making it difficult for people to search for the form themselves. Others said they did not plan on launching their reporting forms until the day the law went into effect. Companies were given a year between the passage of the act and the date it became enforceable to set up their takedown systems and develop request portals.
A spokesperson for T-Mobile said that the company supported the act, but that it doesn’t operate the types of online platforms the act applies to and that its core business is providing wireless and broadband services. (Broadband services are explicitly excluded in the act.)
Some companies did not respond to WIRED’s repeated outreach at all, including “First Buddy” Elon Musk’s X Corp., which garnered international scrutiny earlier this year after its AI chatbot Grok generated and posted thousands of nonconsensual images of women in various states of undress at users’ prompting. Proton AG and Verizon also did not respond.
The FTC did not respond to a request for comment. However, FTC guidelines say that platforms have to make it easy for people to submit removal requests. (Disclosure: The author of this story previously worked for the FTC.)
“The reporting piece of this is one of the most important pieces” of the Take It Down Act, says Jennifer King, a fellow at the Stanford University Institute for Human-Centered Artificial Intelligence. “And it's the thing that the companies I think often overlook.”
King points out that many people who might want to report nonconsensually shared nudes or deepfakes of themselves might be teenagers, who aren’t necessarily aware of their rights under the law or can easily understand the legalese written by compliance professionals included in these takedown request forms.
King says, “A lot of trouble with these types of reporting forms is that they don’t put any resources into testing them–they don’t test them with younger users, they probably don’t test them at all.”
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