
In 2020, members of Congress introduced a bill they said would help rid the internet of child sexual-abuse material (CSAM). The proposed legislation was called the EARN IT Act—an abbreviation for the full name, which was the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act. In addition to establishing a national commission on online child sexual exploitation prevention to come up with the best practices for eliminating such content, the bill stated that any online platforms hosting child sexual-abuse material would lose the protection of Section 230 of the Communications Decency Act, which gives electronic service providers immunity from prosecution for most of the content that is posted by their users.
The bill immediately came under fire from a number of groups—including the Electronic Frontier Foundation, the Freedom of the Press Foundation, and others—who said it failed on a number of levels. For example, as Mike Masnick of Techdirt noted, Section 230 doesn’t protect electronic platforms from liability for illegal content such as child sexual-abuse material, so passing a law exempting them from that protection is redundant, and unnecessary. Critics of the bill also said it could cause online services to stop offering end-to-end encryption, used by activists and journalists around the world, because using encryption is a potential red flag for those investigating CSAM.
In the end, the bill was dropped. But it was resurrected earlier this year, reintroduced by Richard Blumenthal and Lindsey Graham (the House has revived its version as well), and many groups say the current version is as bad as the original, if not worse. The EFF said the bill would still “pave the way for a massive new surveillance system, run by private companies, that would roll back some of the most important privacy and security features in technology used by people around the globe.” The group says the act would allow “private actors to scan every message sent online and report violations to law enforcement,” and potentially allow anything hosted online—including backups, websites, cloud photos, and more—to be scanned by third parties.
Note: This was originally published as the daily newsletter for the Columbia Journalism Review, where I am the chief digital writer
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