Leading Digital Rights Group Urges Action Against EARN IT Act

Leading Digital Rights Group Urges Action Against EARN IT Act

SAN FRANCISCO — Leading digital rights organization Electronic Frontier Foundation has issued a statement urging immediate action to defeat the revived EARN IT Act, which privacy and sex workers' rights advocates have unanimously identified as a serious censorship threat.

As XBIZ reported this week, the bill was reintroduced Monday by Senator Richard Blumenthal (D-Connecticut), who co-sponsored the original 2020 version of the bill in partnership with his South Carolina Republican colleague Lindsey Graham.

The bill, which purports to have as its goal to “protect victims and survivors of child sexual exploitation,” and which was announced by Blumenthal with a media blitz about “child protections,” is, in fact, a broad overhaul of Section 230 protections — known by online rights advocates as the First Amendment of the internet — to strip platforms of immunity for third-party uploaded content.

EARN IT will also open the way for politicians to define the legal categories of “pornography” and “pornographic website” as they or the lobbies that fund them please, which is a cherished goal of organizations that seek to reintroduce obscenity prosecutions for content now protected by Free Speech jurisprudence.

EFF called EARN IT “an incredibly unpopular bill from 2020 that was dropped in the face of overwhelming opposition.”

“Let’s be clear: the new EARN IT Act would 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 organization's statement explained. “It’s a framework for private actors to scan every message sent online and report violations to law enforcement. And it might not stop there. The EARN IT Act could ensure that anything hosted online — backups, websites, cloud photos and more — is scanned.”

Using Fight Against 'Online Child Abuse' as a Trojan Horse for Censorship

According to EFF digital rights and First Amendment expert Joe Mullin’s analysis, EARN IT will empower “every U.S. state or territory to create sweeping new internet regulations, by stripping away the critical legal protections for websites and apps that currently prevent such a free-for-all — specifically, Section 230. The states will be allowed to pass whatever type of law they want to hold private companies liable, as long as they somehow relate their new rules to online child abuse.”

Another cause for concern among those fighting encroaching censorship proposals, writes Mullin, is EARN IT’s creation of “a 19-person federal commission, dominated by law enforcement agencies, which will lay out voluntary ‘best practices’ for attacking the problem of online child abuse. Regardless of whether state legislatures take their lead from that commission, or from the bill’s sponsors themselves, we know where the road will end. Online service providers, even the smallest ones, will be compelled to scan user content, with government-approved software like PhotoDNA.”

“Senators supporting the EARN IT Act say they need new tools to prosecute cases over child sexual abuse material, or CSAM,” the EFF statement continues. “But the methods proposed by EARN IT take aim at the security and privacy of everything hosted on the internet. Possessing, viewing or distributing CSAM is already written into law as an extremely serious crime, with a broad framework of existing laws seeking to eradicate it. Online service providers that have actual knowledge of an apparent or imminent violation of current laws around CSAM are required to make a report to the National Center for Missing and Exploited Children (NCMEC), a government entity which forwards reports to law enforcement agencies.”

In fact, Section 230 “doesn’t protect online services from prosecution under any federal criminal law at all.”

Blumenthal and Graham's Justifications for the Bill Full of 'Breathtaking Falsehoods'

EFF calls some of the the bill’s supporting materials “breathtaking falsehoods,” such as the statement that internet businesses are provided “blanket and unqualified immunity for sexual crimes against children.”

The EARN IT Act, EFF insists, “doesn’t target Big Tech. It targets every individual internet user, treating us all as potential criminals who deserve to have every single message, photograph and document scanned and checked against a government database. Since direct government surveillance would be blatantly unconstitutional and provoke public outrage, EARN IT uses tech companies from the largest ones to the very smallest ones as its tools.”

Ultimately, Blumenthal and Graham’s strategy is “to get private companies to do the dirty work of mass surveillance. This is the same tactic that the U.S. government used last year, when law enforcement agencies tried to convince Apple to subvert its own encryption and scan users’ photos for them; that plan has stalled out after overwhelming opposition. It’s the same strategy that U.K. law enforcement is using to convince the British public to give up its privacy, having spent public money on a laughable publicity campaign that demonizes companies that use encryption.”

To read the full statement by EFF and sign the petition, click here.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More