Recently, the TAKE IT DOWN Act was signed into federal law marking a critical moment in the fight to protect survivors of violence from digital exploitation, including nonconsensual image-based abuse and AI-generated deepfakes.

At the Coalition to Stop Violence Against Native Women (CSVANW), we believe every act of advocacy must be rooted in our mission: to eradicate violence against Native women and children by championing social change within our communities. We are committed to taking responsibility for the future well-being of our people through the pillars of support, education, and advocacy. Our vision, Healthy Families, Healthy Communities, guides all of our efforts, and this legislation moves us one step closer to realizing that future in a world that is increasingly digital.

This new law addresses a growing form of harm that disproportionately affects our Native communities. It is a step toward ensuring our women, children, LGBTQ2S+ relatives, and youth are protected not only in their homes and communities but across online spaces as well.

Understanding the TAKE IT DOWN Act

Formally titled the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on WFormally titled the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act, the TAKE IT DOWN Act responds to the rise of nonconsensual image distribution, including AI-generated deepfakes. These forms of abuse are increasingly used to shame, intimidate, and silence survivors.

Key protections under the law include:

Criminalization of nonconsensual image sharing both real and computer-generated.
Legal consequences for individuals who threaten to release such images.
Mandatory 48-hour response by online platforms after receiving a valid report.
Enhanced protections for minors vulnerable to digital grooming and exploitation.

This law offers survivors tools to reclaim safety and dignity in digital spaces a long overdue recognition of how violence has evolved with technology.

Why It Matters to Native Survivors

Native women experience the highest rates of gender-based violence in the United States. Our LGBTQ2S+ relatives continue to face erasure and harm both within and outside our communities. Native youth, meanwhile, are navigating digital environments with little protection and few culturally grounded resources.

Digital exploitation is not new. It is simply another layer in a long legacy of violence rooted in colonization, patriarchy, and systemic neglect.

The harm goes beyond a single image, it’s about power, shame, control, and erasure. Survivors are often ignored by the very platforms and systems that are supposed to protect them. The TAKE IT DOWN Act breaks that silence and begins to hold abusers and institutions accountable.

Safeguarding Survivors While Preserving Rights

While the TAKE IT DOWN Act marks vital progress in protecting survivors, several civil liberties organizations have raised concerns about how the law may be applied in practice:

Overly Broad Takedown Provision
- The Electronic Frontier Foundation (EFF) warns the Act’s definitions are too vague and may lead to the removal of consensual or artistic content, including satire and education. This could result in platforms over-censoring to avoid liability, unintentionally silencing protected speech.

Lack of Safeguards Against Misuse
- Groups like EFF and Public Knowledge caution that without proper verification processes, the 48-hour takedown window could be misused. False reports may be weaponized to silence dissent or target opponents, with no penalties in place for malicious reporting.

Risk to Constitutionally Protected Speech
- The Center for Democracy & Technology (CDT) highlights that pressure to act quickly may push platforms to remove lawful content, including political and artistic expression. This will risk infringing on the First Amendment rights by prioritizing takedowns over careful review.

Privacy Concerns
- There’s concern that platforms may adopt invasive surveillance tools to detect and block prohibited content. These methods could compromise user privacy and have a chilling effect on expression, especially around sensitive or personal topics.

As supporters of the Act’s goals, CSVANW urges thoughtful, responsive implementation that protects survivors without compromising civil rights, expression, or digital privacy, especially for Native communities who are already underrepresented and over policed online.

How These Concerns Could Impact Native Survivors

For Native survivors, especially those who rely on digital spaces for healing, advocacy, and connection, the unintended consequences of the TAKE IT DOWN Act could be deeply harmful if not implemented thoughtfully. Without appropriate safeguards, the law may silence or endanger the very people it aims to protect. Potential impacts include:

Removal of culturally grounded healing practices and advocacy materials.
Suppression of survivor-created educational and awareness content.
False reporting by abusers or traffickers to silence survivor accounts.
Targeting and takedown of MMIWR (Missing and Murdered Indigenous Women and Relatives) advocacy content.
Censorship of legal rights resources and safety information.
Obstruction of public dialogue on systemic violence and justice.
Misinterpretation and removal of culturally significant content by platforms unfamiliar with Native practices.
Risk of privacy breaches or mishandling of intimate images, leading to revictimization.
Silencing of survivors sharing their personal stories or seeking online support.

CSVANW emphasizes the importance of survivor-centered, culturally responsive implementation to ensure this law empowers rather than endangers our relatives.

CSVANW’s Commitment to Digital Safety

We recognize the significance of this step towards digital safety while also acknowledging the important concerns raised by civil liberties organizations.

We continue to call for:

Culturally grounded education on digital safety for Native youth and families.
Accessible resources and implementation support for tribal nations and Native-led organizations, especially
Accountability from tech platforms, especially in prioritizing the safety of Native survivors
Policy changes to address these concerns

As technology evolves, so must our advocacy.As technology evolves, so must our advocacy.

Our Path Forward

Violence is not just physical, it is emotional, digital, and systemic. Protecting our communities means identifying every space where harm can occur and every opportunity to interrupt it.

While the TAKE IT DOWN Act marks a policy victory in our collective responsibility to ensure our relatives’ safety in all spaces, we must remain mindful of potential challenges in its application.

At CSVANW, we remain grounded in our mission and vision. Together, through support, education, and advocacy, we continue working toward Healthy Families, Healthy Communities and a future where all our relatives are safe, seen, and sovereign in every space they occupy.

Learn more about the TAKE IT DOWN Act.

Sources:

https://publicknowledge.org/public-knowledge-cautions-take-it-down-act-could-jeopardize-privacy-free-speech/

https://cdt.org/insights/cdt-and-civil-society-partners-urge-changes-to-the-take-it-down-act-to-protect-users-rights/

https://www.eff.org/deeplinks/2025/02/take-it-down-act-flawed-attempt-protect-victims-will-lead-censorship