The EARN IT Act will change section 230 if passed - "How to Ban End-to-End Encryption Without Actually Banning It"

NyQuilninja

drink me
kiwifarms.net
Thank you for taking the time to contact me. As your senator, it is important that I hear from you.

I appreciate hearing your concerns about the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. This bill, which was introduced by Senator Graham on March 5, 2020, would establish a National Commission on Online Child Exploitation Prevention to explore the best practices for providers of interactive computer services to prevent online child exploitation conduct. Recommendations from the Commission would be submitted to the Attorney General every two years, who would have the opportunity to review, modify, and then publish the final practices. To continue receiving immunity from legal action under Section 230 of the Communications Decency Act, a law that prevents online platforms from being held liable for content posted by users, web service providers must comply with the Committee’s best practices, or implement other reasonable measures to prevent the spread of online child exploitation conduct.

Child exploitation is a truly heinous crime, and addressing it is a priority. Human traffickers know that children use social media and other internet platforms frequently, so they take advantage of these avenues to exploit them. This is particularly concerning because of the constantly changing digital landscape. Apps and trends change, and children are increasingly vulnerable to online predators.

During my time in the Senate, I have worked to better protect children from online exploitation. In 2017, I cosponsored the Stop Enabling Sex Traffickers Act. This bill clarified Section 230 of the Communications Decency Act to end legal protections for websites that facilitate traffickers in advertising the sale of unlawful sex acts with trafficking victims. Additionally, the Senate Judiciary Committee, where I serve as a senior member, recently held a hearing entitled, “Protecting Innocence in a Digital World” during which I questioned witnesses about the best ways to protect children from inappropriate content online. The full hearing can be found at the following link: https://www.judiciary.senate.gov/meetings/protecting-innocence-in-a-digital-world.

I understand there are concerns regarding the impact of the EARN IT Act on the use of encryption technologies and privacy. The core of the Fourth Amendment requires that, with limited exceptions, when a law enforcement officer is investigating a crime, the officer must obtain an individualized warrant or court order to conduct a search that would violate a person’s reasonable expectation of privacy. And that order must be issued by a neutral and detached judge based on facts that demonstrate probable cause. Through this brilliant framework, for over 200 years, our constitutional system has preserved the rule of law, ensured our public safety is maintained, and protected our individual privacy and civil liberties. But recently, prominent law enforcement officials have been questioning whether the laws Congress has enacted over the years to adapt that framework to changing technology are adequate to the task today.

What officials have been telling us is that increasingly, even after they have obtained authority from a judge to conduct a search for evidence of a crime, they lack the technical means to do so. Companies are increasingly choosing to encrypt devices in such a way that the company itself is unable to unlock them, even when presented with a valid search warrant. They fear that these encrypted devices are becoming the equivalent of closets and safes that can never be opened, even when a judge has expressly authorized a search for evidence inside them. They also note that the problem is getting dramatically worse, and it’s having a real effect on their ability to protect the public and to bring criminals to justice.

On the other hand, as more of our lives have ended up on digital platforms, devices, and on the internet, our data has increasingly become a target for hackers, criminals, and foreign governments. We pick up the newspaper and read about breaches that have left personal data exposed almost on a daily basis. We want our data to remain private and secure, and it’s natural that companies seek to respond to this market demand.

You may be interested to know that on December 10, 2019, the Senate Judiciary Committee, held a hearing entitled, “Encryption and Lawful Access: Evaluating Benefits and Risks to Public Safety and Privacy”. During this hearing, we heard from both law enforcement and individuals from Apple and Facebook on the benefits and risks of the use of end to end encryption technology. The full Committee hearing can be watched at the following link: https://www.judiciary.senate.gov/meetings/encryption-and-lawful-access-evaluating-benefits-and-risks-to-public-safety-and-privacy.

Additionally, on March 11, 2020, the Judiciary Committee held a hearing on the EARN IT Act entitled, "The EARN IT Act: Holding the Tech Industry Accountable in the Fight Against Online Child Exploitation". The hearing can be found here: https://www.judiciary.senate.gov/meetings/the-earn-it-act-holding-the-tech-industry-accountable-in-the-fight-against-online-child-sexual-exploitation.

In light of the information we heard during these hearings, it is clear that this is an important and complicated issue, but I remain hopeful that through continued dialogue finding a consensus that balances both the need for public safety and privacy is possible. Please rest assured that as the Senate continues to discuss how to best address this issue that I will keep your concerns about the EARN It Act in mind.

Again, thank you for taking the time to contact me. I value your input and ask that you please keep in touch.



Sincerely,

Chuck Grassley
United States Senate

COMMITTEE ASSIGNMENTS
CHAIRMAN,
FINANCE
AGRICULTURE
BUDGET
JUDICIARY
INTERNATIONAL NARCOTICS
CONTROL CAUCUS


The reply i was given

 
Last edited:

garakfan69

Please be patient, I have idiocy
kiwifarms.net
Child exploitation is a truly heinous crime, and addressing it is a priority. Human traffickers know that children use social media and other internet platforms frequently, so they take advantage of these avenues to exploit them.
Human traffickers are kidnapping your children through Facebook!
And the police can only helplessly watch because they use HTTPS!
 

NyQuilninja

drink me
kiwifarms.net
Human traffickers are kidnapping your children through Facebook!
And the police can only helplessly watch because they use HTTPS!
I think he was trying to say,
Are happless poilce force cannot navigate the intricacies and overwhelming volume of blue check marks that are pedophiles on Facebook.......... In conclusion Facebook should be taken down truly a more sensible and reasonable solution to the problem
 
  • Like
Reactions: FlappyBat

Stock Image Photographer

All my homies hate human rights
kiwifarms.net
Thank you for taking the time to contact me. As your senator, it is important that I hear from you.

I appreciate hearing your concerns about the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. This bill, which was introduced by Senator Graham on March 5, 2020, would establish a National Commission on Online Child Exploitation Prevention to explore the best practices for providers of interactive computer services to prevent online child exploitation conduct. Recommendations from the Commission would be submitted to the Attorney General every two years, who would have the opportunity to review, modify, and then publish the final practices. To continue receiving immunity from legal action under Section 230 of the Communications Decency Act, a law that prevents online platforms from being held liable for content posted by users, web service providers must comply with the Committee’s best practices, or implement other reasonable measures to prevent the spread of online child exploitation conduct.

Child exploitation is a truly heinous crime, and addressing it is a priority. Human traffickers know that children use social media and other internet platforms frequently, so they take advantage of these avenues to exploit them. This is particularly concerning because of the constantly changing digital landscape. Apps and trends change, and children are increasingly vulnerable to online predators.

During my time in the Senate, I have worked to better protect children from online exploitation. In 2017, I cosponsored the Stop Enabling Sex Traffickers Act. This bill clarified Section 230 of the Communications Decency Act to end legal protections for websites that facilitate traffickers in advertising the sale of unlawful sex acts with trafficking victims. Additionally, the Senate Judiciary Committee, where I serve as a senior member, recently held a hearing entitled, “Protecting Innocence in a Digital World” during which I questioned witnesses about the best ways to protect children from inappropriate content online. The full hearing can be found at the following link: https://www.judiciary.senate.gov/meetings/protecting-innocence-in-a-digital-world.

I understand there are concerns regarding the impact of the EARN IT Act on the use of encryption technologies and privacy. The core of the Fourth Amendment requires that, with limited exceptions, when a law enforcement officer is investigating a crime, the officer must obtain an individualized warrant or court order to conduct a search that would violate a person’s reasonable expectation of privacy. And that order must be issued by a neutral and detached judge based on facts that demonstrate probable cause. Through this brilliant framework, for over 200 years, our constitutional system has preserved the rule of law, ensured our public safety is maintained, and protected our individual privacy and civil liberties. But recently, prominent law enforcement officials have been questioning whether the laws Congress has enacted over the years to adapt that framework to changing technology are adequate to the task today.

What officials have been telling us is that increasingly, even after they have obtained authority from a judge to conduct a search for evidence of a crime, they lack the technical means to do so. Companies are increasingly choosing to encrypt devices in such a way that the company itself is unable to unlock them, even when presented with a valid search warrant. They fear that these encrypted devices are becoming the equivalent of closets and safes that can never be opened, even when a judge has expressly authorized a search for evidence inside them. They also note that the problem is getting dramatically worse, and it’s having a real effect on their ability to protect the public and to bring criminals to justice.

On the other hand, as more of our lives have ended up on digital platforms, devices, and on the internet, our data has increasingly become a target for hackers, criminals, and foreign governments. We pick up the newspaper and read about breaches that have left personal data exposed almost on a daily basis. We want our data to remain private and secure, and it’s natural that companies seek to respond to this market demand.

You may be interested to know that on December 10, 2019, the Senate Judiciary Committee, held a hearing entitled, “Encryption and Lawful Access: Evaluating Benefits and Risks to Public Safety and Privacy”. During this hearing, we heard from both law enforcement and individuals from Apple and Facebook on the benefits and risks of the use of end to end encryption technology. The full Committee hearing can be watched at the following link: https://www.judiciary.senate.gov/meetings/encryption-and-lawful-access-evaluating-benefits-and-risks-to-public-safety-and-privacy.

Additionally, on March 11, 2020, the Judiciary Committee held a hearing on the EARN IT Act entitled, "The EARN IT Act: Holding the Tech Industry Accountable in the Fight Against Online Child Exploitation". The hearing can be found here: https://www.judiciary.senate.gov/meetings/the-earn-it-act-holding-the-tech-industry-accountable-in-the-fight-against-online-child-sexual-exploitation.

In light of the information we heard during these hearings, it is clear that this is an important and complicated issue, but I remain hopeful that through continued dialogue finding a consensus that balances both the need for public safety and privacy is possible. Please rest assured that as the Senate continues to discuss how to best address this issue that I will keep your concerns about the EARN It Act in mind.

Again, thank you for taking the time to contact me. I value your input and ask that you please keep in touch.



Sincerely,

Chuck Grassley
United States Senate

COMMITTEE ASSIGNMENTS
CHAIRMAN,
FINANCE
AGRICULTURE
BUDGET
JUDICIARY
INTERNATIONAL NARCOTICS
CONTROL CAUCUS


The reply i was given

At least you got some kind of response. I got nothing from any of my three representatives that I contacted.
 

Providence Backing_21

Jasper just did that
kiwifarms.net
Thank you for taking the time to contact me about the EARN IT Act. I appreciate hearing from you about this issue.

The Eliminating Abusive and Rampant Neglect of Interactive Technologies ("EARN IT") Act is a new bipartisan bill introduced by Senators Graham (R-SC) and Blumenthal (D-CT) on March 5, 2020. The EARN IT Act would establish a National Commission on Online Child Sexual Exploitation Prevention to develop best practices that internet platforms may implement to prevent the online sexual exploitation of children and reduce the proliferation of online child sexual abuse material ("CSAM"). This Commission would include, among others, individuals representing survivors, consumer and privacy interests, technology companies and law enforcement. The bill would allow internet platforms to "earn" their immunity under Section 230 of the Communications Decency Act of 1996, which holds that platforms may not be held liable for the content that third parties post or distribute using its platform. By certifying that they are in compliance with the Commission's best practices or that they are taking reasonable measures to reduce the proliferation of CSAM, internet platforms would earn Section 230 immunity from legal liability if CSAM appeared on their sites.

I have heard from many constituents who believe this legislation would take an important step to ensure the safety of America's children. I have also heard from constituents who agree that action is needed to address the sexual exploitation of children, but are concerned about the potential effects of the EARN IT Act on privacy and internet innovation.

As technology advances at an unprecedented rate, it is essential that we thoughtfully consider the complex issues before us to ensure that we continue to promote the safety of our children and families. It is imperative that we work to ensure a better, safer and more prosperous future for the children of Pennsylvania and the Nation. The EARN IT Act has been endorsed by national organizations such as the National Center for Missing and Exploited Children, the National Organization for Women and World Without Exploitation. I am proud to stand with these organizations as an original cosponsor of the EARN IT Act.

After decades of underinvestment in our Nation's children, I believe our country needs a new and bold vision to chart a way forward for our children. To that end, I recently released my proposal, Five Freedoms for America's Children. This is a comprehensive proposal to secure the blessings of freedom for the children of today and tomorrow. This proposal identifies five freedoms that we must guarantee for children throughout the United States, and includes key policy changes to secure each. Among them is the Freedom to Be Safe from Harm, which recommends significant new investments to strengthen families, prevent child abuse and to investigate and prosecute crimes against children.

Please be assured that I am gratified to hear your views, and that I will keep them in mind as we consider this legislation.

Again, thank you for sharing your thoughts with me. Please do not hesitate to contact me in the future about this or any other matter of importance to you.

For more information on this or other issues, I encourage you to visit my website, http://casey.senate.gov. I hope you will find this online office a comprehensive resource to stay up-to-date on my work in Washington, request assistance from my office, or share with me your thoughts on the issues that matter most to you and to Pennsylvania.

Sincerely,
Bob Casey
United States Senator

Other Senator gave me a muh Corona has shut everything I'll get back to you.
Representative nothing.
Politicians are gross they all seem to have the same type of answer to this.

Edit: Don't be discouraged by this. Continue to contact your officials about this.
 
Last edited:

sergeantshinypony29

Strong independent blimp woman don't need no man
kiwifarms.net
I've contacted my congressmen and so far two of three have replied:

March 20, 2020


Dear [NAME]:

Thank you for reaching out to express your concerns with me.


As your Member of Congress, I’m committed to protecting your privacy, and in our increasingly cyber-driven world, that means protecting your data. It is clear to me that our laws have not kept pace with the challenges we face in this area, and I am committed to supporting forward-looking legislation that safeguards Americans’ personal information.


As an attorney of over three decades, I am also deeply concerned by the expansion of surveillance powers that we have seen over the course of the past two decades, notably under Section 215 and other provisions of the Foreign Intelligence Surveillance Act. The choice between our security and our civil rights and liberties is a false one, and I am proud to join a large, bipartisan coalition of Republicans and Democrats who are urging congressional leadership to support surveillance reform.


I’m also deeply dedicated to preserving free and full access to the internet as a common resource for individuals and businesses. That’s why, in my first weeks after being sworn in, I signed on to a discharge petition designed to force a vote on restoring net neutrality rules. And it's why I'm a cosponsor of H.R. 1644, The Save the Internet Act. In the coming weeks and months, I will continue doing everything I can to push for the urgent return of these essential regulations so that the internet can remain a source of knowledge and information for all.


Again, thank you for taking the time to reach out to me. Please stay in touch with me. To get updates, you can sign-up for my newsletter here and follow me on Facebook and on Twitter at @RepSusanWild.

Sincerely,






Susan Wild
Member of Congress

April 3, 2020


Dear [NAME],
Thank you for contacting me about the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. I appreciate hearing from you.
On March 5, 2020, Senators Lindsey Graham (R-SC) and Richard Blumenthal (D-CT) introduced the EARN IT Act (S. 3398). Among its provisions, this legislation would establish a national commission tasked with developing best practices for Internet platforms, such as Facebook, to fulfil their current legal duty to report and remove child pornography found on their platforms. Further, the bill would remove certain existing liability protections for Internet platforms that fail to adopt these best practices or implement reasonable measures to prevent the exploitation of children on their platforms.
Some have raised concerns regarding the EARN IT Act as it relates to online speech and privacy. Like many Americans, I believe it is important to ensure that the Internet remains free from excessive government control that could stifle innovation, economic growth, and freedom of expression.
At the same time, protecting children is of utmost importance. Unfortunately, child abuse prevention programs are insufficient. We must vigorously prosecute child sex offenders and provide treatment and restitution for victims. Last Congress, I was proud to cosponsor the Stop Enabling Sex Traffickers Act, which allows victims of sex trafficking to bring civil lawsuits against Internet providers and websites that facilitate sex trafficking on their platforms. This bipartisan measure was signed into law by President Trump on April 11, 2018 (Public Law 115-164).
This Congress I worked with Senator Bob Casey (D-PA) to reintroduce the Combat Online Predators Act (S. 134). This legislation would increase by five years the maximum criminal penalty for persons federally convicted of stalking a minor. Additionally, the bill directs the Department of Justice to conduct an evaluation of national efforts to enforce stalking laws and transmit best practices to law enforcement authorities. The Senate unanimously passed this sensible measure on October 28, 2019, and I am hopeful that the House of Representatives will pass it soon.
The EARN IT Act is currently pending before the Senate Committee on the Judiciary. While I am not a member of this committee, please be assured that I will keep your views in mind should this legislation come before the full Senate. Thank you again for your correspondence. Do not hesitate to contact me in the future if I can be of assistance.
Sincerely,

Signature

Pat Toomey
U.S. Senator, Pennsylvania
 

CivilianOfTheFandomWars

Knows Kung-Flu
kiwifarms.net
Here’s the reply I got.
April 1, 2020
Dear insert name here,
Thank you for your comments regarding the recently proposed Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. I value receiving feedback from my constituents, and I appreciate your taking the time to keep me informed. Your help allows me to more effectively represent you in the U.S. Senate.
The EARN IT Act proposed and drafted by Senators Lindsey Graham (SC) and Richard Blumenthal (CT) has not yet been introduced in the Senate. The drafted legislation would create a "National Commission on Online Child Exploitation Prevention" to establish rules for finding and removing child exploitation content. It is also an effort to make internet companies liable for state prosecution and civil lawsuits over child abuse and exploitation-related material.
As always, I am grateful to you for taking the time to make me aware of matters that are of particular importance to you. I assure you that I will keep your comments in mind should the EARN IT Act be introduced in the Senate.
Thank you again for sharing your thoughts with me. Please feel free to contact me with your concerns regarding any federal issue by visiting my website at www.tomudall.senate.gov. For more information, you may also visit my Facebook page at https://www.facebook.com/senatortomudall and receive up to the minute updates through my Twitter page at http://twitter.com/senatortomudall.
Very truly yours,

Tom Udall
United States Senator
Here was my reply:
If y’all actually were so gung-ho about child exploitation, you would be calling everyone you know to try getting to the bottom of what Epstein was up to.
Probably not helpful, but I doubt that they care or even read what’s sent to them anyways.
 

HackerX

True & Honest Fan
kiwifarms.net
Based Illinois senators trying to catch pedos


Dear Neighbor,

Thank you for contacting me about S. 3398, the Eliminating Abuse and Rampant Neglect of Interact of Technologies (EARN IT) Act of 2020. I appreciate you taking the time to make me aware of your concerns on this important matter.
The EARN IT Act would establish a National Commission on Online Child Sexual Exploitation Prevention, which would be responsible for developing recommended best practices for providers of interactive computer services, such as email or cloud storage providers or social media services like Facebook or WhatsApp. These best practices would pertain to how best to prevent, reduce or respond to the online sexual exploitation of children, in particular the proliferation of online child sexual abuse material (CSAM).
This bill would also amend Section 230 of the Communications Decency Act of 1996. Section 230 in its current form creates a so-called “safe harbor” for providers of interactive computer services from legal or civil liability for the content posted on their sites. For example, if a user posts defamatory information on Twitter that individual may be sued and held liable, but Twitter as a company may not be held liable. The EARN IT Act would require these service providers to earn that safe harbor by complying with the recommended best practices developed by the Commission. This bipartisan bill was introduced by Senator Lindsey Graham of South Carolina, and the Senate Judiciary Committee held hearings on it on March 11, 2020.
The proliferation of child sexual abuse material has a devastating effect on its victims, their families and their communities. Like you, I believe there is no place in society for this material. However, some internet privacy advocates have expressed concern that the EARN IT Act may unintentionally drive CSAM purveyors into the dark net, where these horrific criminals would become more difficult to track, identify and ultimately build a case that is required for a successful prosecution. Please be assured that I am monitoring the Judiciary Committee's deliberations and potential consideration of the EARN IT Act, and I will keep your views in mind should that Committee decide to favorably report the bill to the full Senate for debate and a vote.
Thank you again for contacting me on this important issue. If you would like more information on my work in the Senate, please visit my website at www.duckworth.senate.gov. You can access my voting record and see what I am doing to address today’s most important issues. I hope that you will continue to share your views and opinions with me and let me know whenever I may be of assistance to you.
Sincerely,

Tammy Duckworth
United States Senator

Thank you for contacting me about the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act of 2020 (S. 3398). I appreciate hearing from you.

I am a cosponsor of this legislation, introduced by Senator Lindsey Graham of South Carolina, which aims to encourage the technology industry to take online child sexual exploitation more seriously.

Section 230 of the Communications Decency Act currently provides the immunity technology platforms have right now. The EARN IT Act would eliminate this immunity in the case of child-exploitation materials posted by users unless the company complies with best practices as determined by a 19-member commission to crack down on the distribution of online child sexual abuse material (CSAM). The bill would create incentives for companies to “earn” liability protection for violations of laws related to CSAM. If companies do not comply with the best practices, they would be opening themselves to lawsuits over their reckless distribution of this content.

Section 230 of the Communications Decency Act of 1996 granted interactive computer services, such as Google or Facebook, protections from being held liable for user-produced content stored or posted on their servers. Critics of Section 230 argue that this liability shield is too broad, and protects sites promoting sex trafficking or fomenting extremism from being held accountable for the content disseminated on their websites.

Concerns have been raised that this bill would result in the elimination of end-to-end encryption in order to comply with "best practices" that might be recommended by the committee established by this bill. I understand these concerns. Encryption is a powerful tool to protect private information like passwords and financial details. However, it also can be used by criminals who distribute CSAM to conceal their activities from law enforcement, even in the face of search warrants and other lawful investigative tools.

Safeguarding the privacy of our citizens while giving law enforcement the tools necessary to conduct investigations is one of the most important issues facing Congress today, and striking that balance is no easy task.

This version of the EARN IT Act is an updated version of the bill that more adequately addresses concerns about striking the right balance between maintaining adequate encryption protections and creating incentives for companies to fight the ever-increasing amount of horrendous CSAM material distributed online.

This bill has been referred to the Senate Judiciary Committee, on which I serve. As a member of the committee, I will be sure to keep your concerns in mind as this bill is discussed further.

Thank you again for contacting me. Please feel free to keep in touch.
 

GHTD

kiwifarms.net
Dear Mr. [redacted],


Thank you for contacting my office regarding the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT). I appreciate hearing from you.

In February 2020, Senator Graham released a discussion draft entitled the Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2019 (EARN IT). It has not been formally introduced as legislation in Senate, where I serve. If introduced and enacted, this legislation would combat child exploitation by altering free speech laws to clarify that websites facilitating the distribution or creation of child pornography can be held liable. EARN IT also creates a National Commission on Online Child Sexual Exploitation Prevention, to be tasked with creating a safe harbor standard for companies interested in taking preventative steps against bad actors.

It has been a pleasure to see the strides Congress has taken to combat child exploitation. Last Congress, Republicans and Democrats came together to pass H.R. 1865, the Allow States and Victims to Fight Online Sex trafficking Act (FOSTA). This bill allowed prosecutors and victims to go after websites that permitted and often coached traffickers as they sold their victims online. As a result, websites like Backpage have been shut down, and sites like Facebook and Craigslist have taken steps to crack down on users who used the platforms to support criminal activity. While this progress is admirable, it is clear that we are not done in the fight against human trafficking. Rest assured, I will work tirelessly with my colleagues to combat these human rights violations. In that effort, I will continue to monitor this discussion draft. Should it be introduced in the Senate, I will keep your comments in mind.

Thank you for contacting me about this issue. It is an honor to serve as your U.S. Senator from Indiana. Please keep in touch with me on issues of concern to you. You can also follow me on Twitter or Facebook for real-time updates on my activities in the U.S. Senate. If I ever may be of service, please do not hesitate to contact me.



Sincerely,



Mike Braun
U.S. Senator

P.S. This message was sent by email to save taxpayer dollars
 

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