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Government The Internet United States

The EARN IT Act Will Be Introduced To Congress For the Third Time (engadget.com) 107

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

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  • by fortfive ( 1582005 ) on Friday April 21, 2023 @08:09AM (#63466754)

    Don't Use More Mungy acronYms Act.

    Seriously, the rise of stupid acronyms in legislation is surely concomitant with the fall of our Golden age. The earliest use I can remember is the PATRIOT act.

    Glossy names are allowed. The Working Americans Tax Relief Act. The American Communication Infrastructure Act. The Neighborhood Decency Act. These would be helpful . . .

    • by gtall ( 79522 )

      Ancillary and prior to that, Reagan introduced the Peacekeeper ICBM (known in the trade as the MX) with twelve 300-kiloton nukes aboard.

      • by _merlin ( 160982 )

        That isn't even really ironic when you consider that relative peace is only maintained by having major powers too scared to attack each other.

    • This gets worse:

      S.25: EL CHAPO Act
      S.918: E-FRONTIER Act
      S.2386: TIANANMEN Act of 2019
      S.2374: SAVES Act
      S.3722: EMPIL-DOC Act
      S.3694: ORE Act
      S.3835: SCRIPT Act
      S.4101: LIFT UP Act
      S.4266: RECLAIM Act
      S.4297: AMORE Act
      S.4340: SACRED Act
      S.4376: CREATE JOBS Act
      S.4537: RECOVERY Act
      S.4799: SHAME Act

      That's right, "Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups" Act of 2020.

      And this is just a list I pulled from Ted Cruz, because he's into that shit harder than anyone I know.

  • So they don't want really do anything about it.

  • by Opportunist ( 166417 ) on Friday April 21, 2023 @08:19AM (#63466778)

    EARN IT.

  • Ima just going to sit back with a shot of Tequila and some popcorn, while watching the fireworks, here and elsewhere.
  • Zeroing in on this language : "Upon passing, EARN IT would create a national commission composed of politically-appointed law enforcement specialists"

    So what is to prevent political abuse of this particular body? Take Desantis and his crusade against Disney in Florida, what's to stop some idiotic politician(s) from using the law in ways it wasn't intended?

    It's great and all to assume it'll be used for good, that's why the law needs to exist, but likewise seems like it needs something to prevent misuse espec

    • by DarkOx ( 621550 )

      This is true of almost every law and agency created.

      The alternative though is we go with some advice and consent type process; where everything become about political litmus tests again anyway and games are played by later generations of politicians to prevent the agency from being staffed etc.

      Its basically a no win! At least with political appointments there is some accountability. Don't like Biden's idiotic pandering to various groups at the expense of the general welfare of the public you can vote for D

      • This is true of almost every law and agency created.

        That's true. But it's only been recently that politics have tried so hard to subvert things that were relatively neutral. Seems like EARN IT would not do enough to prevent this, and that could be a really bad thing.

        All the top people should be expected to resign when the Executive changes parties.

        That would make the present situation worse. It would drive even harder the urgency to undo whatever the last guy did and not try to come up with something stable for the long term - just something that looks good while "your guy" is in office.

        I value expert opinions over politics. I would li

    • by GlennC ( 96879 )

      So what is to prevent political abuse of this particular body?

      You're assuming that the purpose of this body isn't political abuse.

    • by MeNeXT ( 200840 )

      To me EARN IT means that cities should be responsible for murders since they facilitated the criminal in reaching their destination by providing the infrastructure. All utilities provide the energy that powers the infrastructure that empowers criminals. Why don't we start with a law that would first hold gun manufacturers responsible for crimes that are committed with their tools and then apply it to all who facilitated the criminal acquiring the weapon. Think of the children.

  • It amazes me how incompetent members of Congress truly are. Just pass a clean CSAM bill that deals with that issue and leave the other crap out of the legislation. Or is it we can't agree that child trafficking and pr0n are a bad thing?

    • I think both are already illegal. For quite a while, actually.

    • by RightwingNutjob ( 1302813 ) on Friday April 21, 2023 @10:33AM (#63467134)

      Thing is the politicos and the activists like to think there's a magic csam filter that catches all the kiddie pr0n 100% of the time, has zero false alarms mistaking a painting of a cherub or a picture of a flower for a kid's privates, and somehow automagically doesn't also flag actual pix of kids' privates sent by parents to pediatricians for consultation on a possible rash.

      And the evil greedy Epstein-loving tech cos are just refusing to deploy it because they're evil and greedy and wear tophats and monocles.

      In real life, of course, such an algorithm doesn't exist. And there have been documented cases of parents being referred to law enforcement and losing their accounts for sending pediatricians pictures of their kids that the human reviewer (ie a minimum wage drone sitting God-knows-where and allotted x seconds per review) didn't think was a legit medical use.

      Strangely enough, I haven't seen any stats on how many real ped0s were put away after being flagged by google or apple. Perhaps it actually happens and I just don't know about it.

      But either way, in the cave days of 25 years ago in the Pennsylvania public schools, I was taught by a bunch of pinko commie liberal teachers that it's generally better for a thousand guilty men to go free than for one innocent man to be jailed.

      Perhaps I don't agree with the exact numbers, but I generally think it's a bad idea to unleash an automatic ped0 flagger on 300 million people given the abismal false alarm and clutter rates in the data it is intended to operate on.

      And I'm not even getting into how it's going to deal with teens sending pix of themselves around.

      • Re: (Score:3, Insightful)

        by rgmoore ( 133276 )

        Thing is the politicos and the activists like to think there's a magic csam filter that catches all the kiddie pr0n 100% of the time, has zero false alarms mistaking a painting of a cherub or a picture of a flower for a kid's privates, and somehow automagically doesn't also flag actual pix of kids' privates sent by parents to pediatricians for consultation on a possible rash.

        With the activists, I think they're just so narrowly focused on child pornography that they don't care about the consequences. You se

    • Just pass a clean CSAM bill that deals with that issue and leave the other crap out of the legislation. Or is it we can't agree that child trafficking and pr0n are a bad thing?

      What's a clean bill? It's already illegal. What can you do beyond that without seriously trampling other freedoms? It's not like these laws are really about thinking of the children. They're just trying to open the door for unrelated things later.

  • These bills are never about the thing they claim. The surveillance states is trying to get as close as it can to penetrating your brain with tentacles. The Uhuru indictment is a great example. The current AG claims they "weaponized free speech" because they disagreed with US global domination.
  • by Charlotte ( 16886 ) on Friday April 21, 2023 @09:20AM (#63466924)

    Upon passing, EARN IT would create a national commission composed of politically-appointed law enforcement specialists.

    This has always worked well in the past, good idea!

  • If a bill or act is being presented for the purpose of protecting children, it's never about protecting kids. It's about power and control. Our digital rights are nearly dead. It's just like the Tic-Tok ban, it does nothing to stop spying by China.
  • The summary says :

    "Upon passing, EARN IT would create a national commission composed of politically-appointed law enforcement specialists."

    Politically appointed? If they need the senate approval, noone going to be appointed anytime soon.

    And why can't they get politically neutral experts? Politics in everything sure screws up everything.

  • "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 ... opening them up to all kinds of legal hurdles"

    So a bunch of "politically-appointed law enforcement specialists" will decide what level of security companies are allowed to have, and anything they don't like will cause the companies to lots of liabilities.

    So, not IT specialists, n

  • there is no incentive to do so because they are subject to no consequences for their inaction

    They're creating "incentives" by creating a new punishment for doing things the secure way.

    Make sure your platform cannot be used to communicate securely, or else. Burglars deserve to know when you're leaving the house. Insurance companies deserve to know you were at a bar last night. Jealous exes deserve to know whose house you sometimes sleep at. The state of Texas deserves to know that you stopped menstruating a

    • ...the state of Texas deserves to know...

      That's all you had to say. Even though I happen to lean in the same political direction, I've never understood how legislating from a position of ignorance and stupidity could benefit anyone. At times I wonder if they aren't deliberately passing stupid laws to keep the Californians away, or perhaps, even to make them feel more at home. Texas really does deserve to know.

  • by Miles_O'Toole ( 5152533 ) on Friday April 21, 2023 @10:00AM (#63467028)

    People are focusing on the political appointment process of the "law enforcement specialists" as the main problem. It might be problematic, but it's not even close to the worst part of this ridiculous plan. The real problem is the nature of the pool from which the commissioners would be selected. Law enforcement officials, primarily police, have one strategy, and only one. We saw it in the gigantic, multi-trillion dollar failure that is the so-called "War On Drugs". It amounts to more police officers, increasingly draconian laws, more tech toys for the police, and more freedom for them to invade every part of a citizen's life whenever and wherever they please. Because so many of the people in charge of enforcement are authoritarian numskulls, the strategy fails. When it fails, they never question it, they just demand even more laws, more cops, more toys and fewer limits on their already-appalling power over the people they are supposed to serve and protect.

    Thanks to the "War On Drugs", look at what we've lost in terms of freedom, privacy and status as free citizens going about our legal business without interference from "persons in authority". Yet I can still go into any city in North America and find whatever drugs I want with minimal effort and almost no chance of being caught. Now they're telling us we should trust the same pack of imbeciles with our few remaining defenses against a full-on police state in the name of a "War On Kiddy Porn"? Screw that!

  • by stikves ( 127823 ) on Friday April 21, 2023 @10:14AM (#63467086) Homepage

    The new act is worse than redundant...

    ... tasked with making a list of best practices to ostensibly curb the digital distribution of CSAM

    There are already very effective collaboration between tech companies, non-profits, and law enforcement on this area. Remember all the hoopla when Google blocked someone's account when they shared their kids photo with the doctor?: https://www.theguardian.com/te... [theguardian.com]. Yes, the system is already there, and it is already hurting actual legitimate users.

    Think what will happen if we take this away from companies, which could be sued, to nameless political bureaucrats, who would have "Qualified Immunity" (think the "no-fly" lists which you can't even query, let alone sue for malpractice).

    None of these are necessary, unless of course you are the government, and want more control on online debates. Instead of coming out openly and say "we want to be arbiters of truth, and enforce what can and cannot be shared online", they of course once again go with the "won't someone think of the children?" route.

    Absolutely sickening.

  • They're using indirection to avoid directly legislating what the expectations are, and that's a big problem. This allows them to do something without having to defend the actual results since they don't know what the regulations will look like. And there's nothing stopping them from doing the exact same thing without any enforcement, so we would first see the recommendations before requiring that they be followed. But then we would see the problems with the law before it passed, so it wouldn't pass. So

  • national commission composed of politically-appointed law enforcement specialists.

    There's your problem.

  • Am I the only one who finds this as a historical parallel with these events in year 1998 in Russia with the appointment of Sergey Kirienko as a Prime Minister? Quoting Wikipedia [wikipedia.org]:

    On April 10 and April 17 Duma disapproved him as Prime Minister twice (April 10: 143 in favor, 186 against, 5 abstained, April 17: 115 in favor, 271 against, 11 abstained), but on the third time on April 24 he was approved by the State Duma (251 in favor, 25 against) and appointed Prime Minister by the President.

    The expectation was that the President, if the State Duma disapproves the proposed Prime Minister, would propose a different candidate. However, Boris Yeltsin exploited a loophole in the law and proposed the same candidate three times - with the twist being that the third disapproval would automatically mean dissolution of the State

  • "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.""

    Can someone please pick a side? Either "the market will decide" or "companies must be forced to..." bec

  • With the War on drugs and War on Terror winding-down, politicians need a new reason to funnel money into the military (& law-enforcement) - industrial complex.

"In my opinion, Richard Stallman wouldn't recognise terrorism if it came up and bit him on his Internet." -- Ross M. Greenberg

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