Blocking the EARN IT Act

[chestnut_pod]

The EARN IT Act is the latest threat to open expression and privacy online. It is yet another anti-LGBT, anti-sex-worker, anti-privacy bill that supposedly aims to protect children, while actually making the situation worse. In this case, it would remove ability to send end-to-end encrypted messages: the end to privacy online.

Despite purporting to protect children from sexual exploitation, the EARN IT Act in fact will make online platforms less able to report and remove child pornography. Making platforms liable for content hosted on them actually makes companies less willing to do anything that involves trying to seek out, take down, and report CSAM, because of the greatly increased liability that comes with admitting that there is CSAM on the platform to search for and deal with. In the meantime, it will destroy Section 230 of the Communications Decency Act, the part that the ACLU regards as “foundational to modern online communications.” In destroying end-to-end encryption, EARN IT will also destroy the Internet as we know it, and continue chipping away at the right to privacy. It will also encourage platforms and far-right interest groups to label anything having to do with sexual health and sexual expression as dangerous pornography, ushering in an era of censorship and repression under the name of keeping children safe, all the while actually making the Internet less able to cope with the very real problem of CSEM. The EARN IT Act has been roundly condemned by nearly every major LGBTQ+ advocacy and human rights organization in the country, and for good reason. It is based on fundamental misunderstandings of the law and reality.

Tumblr user fullhalalalchemist has a much longer and more comprehensive description of the bill's aims and failings, as well as a bibliography of news analysis of the bill; I encourage you to go read it.

In order to contact your senators to prevent this bill's passing, you can:

- Call the Congressional hotline at: 202-224-3121
- Email your representatives in the House and Senate
- Send a Resistbot text-letter already written for you. Text SIGN PVLKLV to 50409.

Comments

[gingicat]

Here is the response sent me by Representative Katherine Clark on 2/4/22:

Dear Ms. [me],

Thank you for contacting me to express your concerns regarding the S. 3398, the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. I appreciate you taking the time to share your thoughts on this issue.

This bill was introduced by Senator Lindsey Graham as S. 3398, the EARN IT Act, during the 116th Congress but never came to the House floor for a vote. It has not yet been reintroduced in the 117th Congress. This bill would establish a National Commission on Child Sexual Exploitation Prevention to develop recommendations on how to effectively reduce, prevent, and respond to the online exploitation of children.

Please know that I appreciate you bringing the EARN IT Act to my attention, and I will keep your thoughts in mind should this legislation be reintroduced in the 117th Congress.

Again, thank you for voicing your concerns, and please do not hesitate to contact me in the future if I may be of assistance. Also, you can stay up to date on my work for the 5th District by following me on Facebook, Twitter, and my official website.

Sincerely,

Katherine M. Clark
Member of Congress

[chestnut_pod]

She's incorrect; it has most definitely been reintroduced. You can see the Congressional record for the Senate reintroduction on January 31 here: https://www.congress.gov/bill/117th-congress/senate-bill/3538?s=1&r=1. As you can see, it's currently in committee. You can also see the sponsors promoting the House version here: https://wagner.house.gov/media-center/press-releases/wagner-garcia-introduce-earn-it-act.