The EARN IT bill is back
Posted: Wed Dec 18, 2024 7:19 am
The Eliminating Abuse and Neglect of Interactive Technologies (EARN IT) Act is back in the Senate, but the opposition is already mobilizing its forces. The EARN IT bill is hotly debated among security experts as it would introduce dangerous changes to the digital landscape and legal structure under the guise of protecting minors. We must act now to stop this bill from becoming law!
tl;dr: Help fight EARN IT and sign the petition to stop EARN IT from becoming law!
Tutanota has joined a coalition of human rights local marketing email list activists to urge senators to oppose the EARN IT bill in an open letter (read the full letter at the end of this article), specifically because the EARN IT bill endangers the security of our communications by undermining end-to-end encryption. The bill threatens encryption and freedom of expression online:
“While Section 5(7)(A) purports to protect intermediaries’ ability to offer encryption, it actually does the opposite. Section 5(7)(A) of EARN IT simply states that the provision of encrypted services shall not “serve as an independent basis for a provider’s liability” under the expanded set of state criminal and civil laws for which providers would face liability under EARN IT. At the same time, Section 5(7)(B) specifies that courts may continue to consider information about whether and how an intermediary employs end-to-end encryption as evidence in cases brought under EARN IT. Together, these provisions explicitly allow courts to consider the offering of end-to-end encrypted services as evidence of an intermediary’s culpability in CSAM-related offenses. While prosecutors and plaintiffs could not argue that offering encryption alone is sufficient to prove a violation of state CSAM laws, they could point to the use of encryption as evidence in support of claims that providers acted recklessly or negligently.
tl;dr: Help fight EARN IT and sign the petition to stop EARN IT from becoming law!
Tutanota has joined a coalition of human rights local marketing email list activists to urge senators to oppose the EARN IT bill in an open letter (read the full letter at the end of this article), specifically because the EARN IT bill endangers the security of our communications by undermining end-to-end encryption. The bill threatens encryption and freedom of expression online:
“While Section 5(7)(A) purports to protect intermediaries’ ability to offer encryption, it actually does the opposite. Section 5(7)(A) of EARN IT simply states that the provision of encrypted services shall not “serve as an independent basis for a provider’s liability” under the expanded set of state criminal and civil laws for which providers would face liability under EARN IT. At the same time, Section 5(7)(B) specifies that courts may continue to consider information about whether and how an intermediary employs end-to-end encryption as evidence in cases brought under EARN IT. Together, these provisions explicitly allow courts to consider the offering of end-to-end encrypted services as evidence of an intermediary’s culpability in CSAM-related offenses. While prosecutors and plaintiffs could not argue that offering encryption alone is sufficient to prove a violation of state CSAM laws, they could point to the use of encryption as evidence in support of claims that providers acted recklessly or negligently.