Earlier this year, both chambers of Congress passed the TAKE IT DOWN Act. This bill, while well-intentioned, gives powerful people a new legal tool to force online platforms to remove lawful speech that they simply don't like. 

The bill, sponsored by Senate Commerce Chair Ted Cruz (R-TX) and Rep. Maria Salazar (R-FL), sought to speed up the removal of troubling online content: non-consensual intimate imagery (NCII). The spread of NCII is a serious problem, as is digitally altered NCII, sometimes called “deepfakes.” That’s why 48 states have specific laws criminalizing the distribution of NCII, in addition to the long-existing defamation, harassment, and extortion statutes—all of which can be brought to bear against those who abuse NCII. Congress can and should protect victims of NCII by enforcing and improving these laws. 

Unfortunately, TAKE IT DOWN takes another approach: it creates an unneeded notice-and-takedown system that threatens free expression, user privacy, and due process, without meaningfully addressing the problem it seeks to solve. 

While Congress was still debating the bill, EFF, along with the Center for Democracy & Technology (CDT), Authors Guild, Demand Progress Action, Fight for the Future, Freedom of the Press Foundation, New America’s Open Technology Institute, Public Knowledge, Restore The Fourth, SIECUS: Sex Ed for Social Change, TechFreedom, and Woodhull Freedom Foundation, sent a letter to the Senate outlining our concerns with the proposal. 

First, TAKE IT DOWN’s removal 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 law. We worry that bad-faith actors will use the law’s expansive definition to remove lawful speech that is not NCII and may not even contain sexual content. 

Worse, the law contains no protections against frivolous or bad-faith takedown requests. Lawful content—including satire, journalism, and political speech—could be wrongly censored. The law requires that apps and websites remove content within 48 hours or face significant legal risks. That ultra-tight deadline means that small apps or websites will have to comply so quickly to avoid legal risk, that they won’t be able to investigate or verify claims. 

Finally, there are no legal protections for providers when they believe a takedown request was sent in bad faith to target lawful speech. TAKE IT DOWN is a one-way censorship ratchet, and its fast timeline discourages providers from standing up for their users’ free speech rights. 

This new law could lead to the use of automated filters that tend to flag legal content, from commentary to news reporting. Communications providers that offer users end-to-end encrypted messaging, meanwhile, may be served with notices they simply cannot comply with, given the fact that these providers can’t view the contents of messages on their platforms. Platforms could respond by abandoning encryption entirely in order to be able to monitor content, turning private conversations into surveilled spaces.

We asked for several changes to protect legitimate speech that is not NCII, and to include common-sense safeguards for encryption. Thousands of EFF members joined us by writing similar messages to their Senators and Representatives. That resulted in several attempts to offer common-sense amendments during the Committee process. 

However, Congress passed the bill without those needed changes, and it was signed into law in May 2025. The main takedown provisions of the bill will take effect in 2026. We’ll be pushing online platforms to be transparent about the content they take down because of this law, and will be on the watch for takedowns that overreach and censor lawful speech. 

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

This is pretty scary:

Urban VPN Proxy targets conversations across ten AI platforms: ChatGPT, Claude, Gemini, Microsoft Copilot, Perplexity, DeepSeek, Grok (xAI), Meta AI.

For each platform, the extension includes a dedicated “executor” script designed to intercept and capture conversations. The harvesting is enabled by default through hardcoded flags in the extension’s configuration.

There is no user-facing toggle to disable this. The only way to stop the data collection is to uninstall the extension entirely.

[…]

The data collection operates independently of the VPN functionality. Whether the VPN is connected or not, the harvesting runs continuously in the background...

States with booming data center construction are seeing spikes in new power needs. Much of it is being met by coal and solar.

Technology firms and their trade groups may not be doing enough to sway an increasingly skeptical public as electricity prices climb.

The year featured unprecedented assaults on state climate action. Democrats also think it showed them a path back to power.

A yearlong assault on federal science programs taught researchers they can't always count on Washington to be a reliable partner.

Nearly $2.8 billion is set for state projects ranging from hybrid ferries to bicycle rebates.

Proposed data centers in the state would require huge amounts of power while likely bringing few long-term jobs.

Campers will start arriving in May, bunking on higher ground than the area where fast-rising waters swept away two cabins this year.

A reliance on Europe’s ERA5 runs counter to Beijing’s push for security and technological independence.

When customers choose earlier delivery dates, the system shifts from optimized routing to getting the package out fastest.

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02532-6

Heatwave attribution in seconds

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02530-8

Foraging constrained by heat and dark

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02529-1

Rising lake and reservoir emissions

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02531-7

Inequalities in resilience and preparedness

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02508-6

Whether erosion is accelerating or decelerating along Arctic rivers has been unclear, but each trend has distinct implications for the vast amount of carbon stored in permanently frozen soils. Now, research demonstrates that warming air temperatures are driving divergent outcomes for Arctic rivers, causing some to erode their banks more rapidly while others slow down.

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02525-5

Climate change drives displacement and migration across the Americas, particularly exposing Latin American and Caribbean children to compounded health risks. We explore these health impacts, identify gaps in related US healthcare and health policy, and propose recommendations for how they can respond.

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02512-w

Whether rivers are speeding up or slowing down in a warming Arctic is unclear, but has implications for carbon cycling and infrastructure. This study finds divergent behaviour in migration rates for rivers in discontinuous versus continuous permafrost, driven by changes in permafrost thaw and river ice.

Nature Climate Change, Published online: 24 December 2025; doi:10.1038/s41558-025-02520-w

Energy transition minerals (ETM) are essential for decarbonization, yet extractions often occur in carbon-rich forests and lands of Indigenous peoples and local communities. Here the authors provide global analysis showing how ETM mining causes sustained forest loss and GHG emissions.

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