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EARN IT Act Undermines American Security & Privacy, Yet Some Lawmakers Reignite It

WASHINGTON—Some lawmakers in the 118th Congress reintroduced the EARN IT Act this week, despite consistently failing to address major constitutional, privacy and security flaws. 

In 2022, a survey by The Washington Post found that 81 percent of experts opposed the EARN IT Act “​​because of concerns it would hamper adoption of strong encryption and make people less safe online.” This is now the fourth attempt by lawmakers to push this bill through Congress. 

“Like the last three versions, 2023’s EARN IT Act yet again hands a Get-Out-Of-Jail-Free Card to those credibly accused of exploiting children. The sponsors have not addressed the Fourth Amendment problems we’ve expressed every time that would give criminal defendants yet another way to challenge their CSAM convictions,” said NetChoice Vice President & General Counsel Carl Szabo. “Lawmakers must carefully evaluate this proposal, like its 3 previous iterations, which jeopardizes child safety online far more than it helps.” 

Szabo continued: “If Congress is looking to protect our children online, it should look for alternative solutions, such as passing a federal standard for privacy legislation or educational initiatives for the healthy and safe use of digital tools for both young Americans and adults.”

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