In 2020 when it was first marked up, the EARN IT Act and its sponsors failed to address its significant Constitutional, security, and privacy concerns. In 2022, the bill proposed for mark-up this February still threatens encryption, privacy, and the Constitution.
Today, NetChoice raised opposition to the EARN IT Act of 2022, which despite good intentions, fails to protect Americans and their families online.
“We’re seeing a renewed effort to push the EARN IT Act without addressing the bill’s central problems. The EARN IT Act continues to threaten encryption and privacy features and would make the internet less safe for us all, including our kids,” said Carl Szabo, Vice President and General Counsel at NetChoice. “The bill risks digital privacy for Americans and their kids.”
“Through constitutional missteps, the EARN IT still gives the same Get-Out-Of-Jail-Free Card to those credibly accused of child exploitation as it did in 2020. The sponsors have not addressed the serious Fourth Amendment problems that would give criminal defendants yet another means to challenge their CSAM convictions,” continued Szabo. “We cannot let our lawmakers rush a deeply flawed bill that, like its 2020 iterations, risks child safety online far more than it helps. If Congress is looking to protect our children online, it should look for alternative solutions such as federal privacy legislation.”