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FTC: Take It Down Act enforcement will need segregated systems and specialist staff
Summary
At a House appropriations oversight hearing, FTC Chairman Andrew Ferguson said enforcing the newly passed Take It Down Act will require segregated technology systems and specialist investigators and lawyers to handle sensitive material, some of which may be child sexual abuse material (CSAM).
Washington — The Federal Trade Commission told House appropriators that enforcing the Take It Down Act, which requires online platforms to remove nonconsensual intimate images on request, will require dedicated technology and specialized personnel.
Chairman Andrew Ferguson said the new law is a top priority and “involves dealing with some oftentimes really horrible material in order to conduct the investigation.” He described three needs: a segregated IT system to house such material during investigations, specialist investigators with experience handling traumatic material, and specialist lawyers to prosecute violations.
Why it matters: The statute imposes a new enforcement responsibility on the FTC and creates operational demands that differ from the agency’s regular casework. Some evidence the agency must review may be CSAM or otherwise extremely sensitive, which raises legal and evidentiary preservation needs as well as psychological support for staff.
Ferguson said a segregated evidence system is necessary both for investigator safety and to preserve material as potential evidence in enforcement actions. “We are really excited by the Take It Down Act…This is a new, front of enforcement authority for the FTC,” he said, adding that investigators who handle this material require specialized training and support.
Members asked what additional resources would be required. Ferguson said that given the committee’s current funding posture he could not provide detailed dollar figures in the hearing but offered to work with members on precise resource estimates.
Ferguson also linked the issue to the agency’s broader work on online harms and impersonation fraud, noting plans for rulemaking and enforcement under other authorities where Congress has directed such actions (for example, rulemaking under the Children’s Online Privacy Protection Act where applicable).
Ending note: Lawmakers who supported the Take It Down Act pressed for assurance the FTC will have the technical and personnel resources to carry out the law. The chair said the agency will present more detailed resource estimates to the committee and treat the work as a high priority.
