The EARN IT Act Will Be Introduced To Congress For the Third Time

An anonymous reader quotes a report from Engadget: The controversial EARN IT Act, first introduced in 2020, is returning to Congress after failing twice to land on the president's desk. The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act, (EARN IT) Act is intended to minimize the proliferation of Child Sexual Abuse Material (CSAM) throughout the web, but detractors say it goes too far and risks further eroding online privacy protections. Here's how it would work, according to the language of the bill's reintroduction last year. Upon passing, EARN IT would create a national commission composed of politically-appointed law enforcement specialists. This body would be tasked with making a list of best practices to ostensibly curb the digital distribution of CSAM. If online service providers do not abide by these best practices, they would potentially lose blanket immunity under Section 230 of the Communications Decency Act, opening them up to all kinds of legal hurdles -- including civil lawsuits and criminal charges. [...] The full text of H.R.2732 is not publicly available yet, so it's unclear if anything has changed since last year's attempt, though when reintroduced last year it was more of the same. (We've reached out to the offices of Reps. Wagner and Garcia for a copy of the bill's text.) A member of Senator Graham's office confirmed to Engadget that the companion bill will be introduced within the next week. It also remains to be seen if and when this will come up for a vote. Both prior versions of EARN IT died in committee before ever coming to a vote. The Center for Internet and Society at Stanford Law School, the Center for Democracy and Technology, and the American Civil Liberties Union all oppose the bill. Those defending it include the Rape, Abuse & Incest National Network (RAINN), saying that it will "incentivize technology companies to proactively search for and remove" CSAM materials. "Tech companies have the technology to detect, remove, and stop the distribution of child sexual abuse material. However, there is no incentive to do so because they are subject to no consequences for their inaction."

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