The EARN IT Act of 2022 Cybertraps LIVE 114

The TikTok Video about how to drive a captured Russian Tank: [https://twitter.com/JoshuaPotash/status/1498332884121399307](https://twitter.com/JoshuaPotash/status/1498332884121399307) – Our question today: Can Congress eliminate some of the worst content online without breaking the Internet? – [Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2022 or the EARN IT Act of 2022](https://www.congress.gov/bill/117th-congress/senate-bill/3538) – First introduced in 2019 and has garnered bipartisan support – Legislation is designed to reduce or eliminate “child sexual abuse material” (CSAM). – Main provisions: – Establishes the National Commission on Online Child Sexual Exploitation Prevention. The commission must develop best practices for interactive computer services providers (e.g., Facebook and Twitter) to prevent, reduce, and respond to the online sexual exploitation of children. – Limits the liability protections of interactive computer service providers with respect to claims alleging violations of child sexual exploitation laws. – Replaces various statutory references to “child pornography” and “material that contains child pornography” with “child sexual abuse material.” – Makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children to the National Center for Missing and Exploited Children. – Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each minor and each involved individual. – The bill also increases the amount of time that providers must preserve the contents of a report. – Potentially significant amendment of Section 230 of the Communications Decency Act – Section 230 originally adopted to shield online service providers from legal liability for statements made by users – Provision is directly responsible for huge growth in services that rely upon user-created content (Facebook, Twitter, Instagram, etc.) – EARN IT Act would remove Section 230 protection for online services that do not adhere to state laws regarding the identification and removal of CSAM material – Legislation was approved unanimously by the Senate Judiciary Committee but may face a tougher vote in the full Senate – Concerns – Impact on personal privacy – Commission could conclude that a service that uses end-to-end encryption is not following best practices because E2EE makes it harder to detect the movement of CSAM – Patchwork of state standards could impose significant burdens on smaller services and companies – Online service providers may feel forced to examine user content before transmission – EARN IT Act could effectively turn online service providers into law enforcement agents, raising significant Fourth Amendment search and seizure issues – Risk of overreaction by tech companies and the deletion of a much wider range of content than is necessary – Adoption of SESTA/FOSTA led to extensive deletion of content by and about sex workers, driving them underground and increasing the dangers of sex work – Resources – #2022-02-23 Unintended Consequences of the EARN IT Act “https://www.americanactionforum.org/insight/unintended-consequences-of-the-earn-it-act/” – #2022-02-11 The EARN IT Act Would Give Criminal Defendants a Get-Out-of-Jail-Free Card “https://slate.com/technology/2022/02/earn-it-act-fourth-amendment-violation.html” – #2022-02-11 A controversial bill to protect kids online just advanced in the Senate. Here’s what you should know “https://www.cnn.com/2022/02/11/tech/earn-it-act-senate/index.html” – #2022-02-10 A bill aiming to protect children online reignites a battle over privacy and free speech “https://www.washingtonpost.com/technology/2022/02/10/senators-earn-it-privacy-children-safety/” – #2020-08-25 The New EARN IT Act Still Threatens Encryption and Child Exploitation Prosecutions “https://cdt.org/insights/the-new-earn-it-act-still-threatens-encryption-and-child-exploitation-prosecutions/” – #2020-03-03 Congress, Justice Department take aim at tech, hoping to halt spread of child sexual exploitation online “https://www.washingtonpost.com/technology/2020/03/03/section-230-justice-department-congress/” – #2018-03-21 Senate approves anti-sex-trafficking bill “https://www.cnn.com/2018/03/21/politics/sex-trafficking-bill/index.html”

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