Congress has passed the bipartisan TAKE IT DOWN Act, aimed at combating AI-generated and non-consensual intimate imagery online. While praised as a major step against digital sexual abuse, the law raises serious concerns about free speech, due process, and platform liability. It bypasses Section 230 by using FTC enforcement authority, placing sweeping obligations on platforms to remove content within 48 hours. Privacy advocates warn that it may incentivize surveillance and undermine encryption protections.

Utah's Digital Choice Act gives users control over their data, allowing easy transfer and deletion across platforms. It requires tech companies to adopt open-source protocols, reducing monopolistic control over user information. This move could inspire similar data privacy reforms in other states

In today’s digital landscape “fake news” can go viral in minutes. While fake news is not a new phenomenon, what is new about it is the ease and speed at which it can be disseminated and spread to large audiences. The manufacturing of fake news causes a host of problems which stems from both a financial and ideological motivation. Most fake news is shared on social media platforms, such as Facebook, that fail to contain the spread of such misinformation, further exacerbating the problems discussed. While other countries have taken aggressive actions to stop the spread of fake news, the U.S. has been slow to embrace proactive regulatory measures as such regulation presents challenges. In addition to the public outcry on self-expression, lawmakers in the United States face a unique obstacle compared to other countries that have been able to pass aggressive laws: The First Amendment to the United States Constitution. Moreover, the enactment of Section 230 has been interpreted by the lower courts to provide a broad immunity that shields internet service providers, like Facebook, for defamatory fake news content posted on their sites. Therefore, this Article seeks to understand how and to what extent, if any, can fake news be regulated without violating the First Amendment.