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Trump’s hasty Take It Down Act has “gaping flaws” that threaten encryption

Posted on April 28, 2025

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Although the Tech Law is expected to achieve the rare achievements of the Congress, which experts said that the ARS is a record speed, both supporters and critics expect that the law will be challenged immediately in the courts.

Supporters have suggested that the flaws that expose any litigation may result in amendments. They are braking for this reaction simultaneously, while preparing to win before the vote tonight, and hope that the law can last more than any legal attacks.

Experts do not agree with encryption risks

In a press conference hosted for innovation for non -profit Americans, Sled Bond – which serves as a Public Policy Chair for LLP, Kevino Gilbert & Ladoka, LLP, which has been appointed for the passage of the law, warning, “we should not be careful.”

The bond incorporated other supporters to suggest that the threats to encryption or online speech are “remotely”.

He was the Vice President of the Encod’s Public Policy, Adam Billen, who withdrew the claim that companies could break the encryption due to the vague text of the law.

Billon predicted that “highly encrypted content” will not be threatened with mobs, including private or direct messages – because it argued that the law clearly covers content that is published (and, not just distributed) that “specially created for the user”. “

“In our mind, the encryption is not merely a question under this bill, and we have clearly opposed the other legislation that will clearly break the encryption,” Billen said.

This may be a way to read the law, but Daily told ARS that EFF lawyers have different.

“We just don’t agree to read,” he said. “As the draft has been developed, there is a possibility of encrypting the floor tonight. There is a complete threat to encryption. There is a discount for email services, but direct messages, cloud storage, are not exempt.”

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