Computer companies are not happy with the news that Sens. Lindsey Graham (R-S.C.) and Richard Blumenthal (D-Conn.) have reintroduced the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act.
That is the bill that would amend Section 230 of the Communications Act to say that the section's immunity for online platforms from civil liability for third-party content does not extend to child exploitation, meaning a Facebook or Twitter could be held liable for posts that illegally exploit children.
It would also establish a National Commission on Online Child Exploitation Prevention to establish best practices for preventing such exploitation.
The Computer & Communications Industry Association called it a misdirected effort to combat child sexual abuse material online, and that would instead weaken the law (Sec. 230) that companies use to address objectionable third-party material online--without the threat of civil suits.
“Instead of directing more resources toward prosecution of industry-reported content, this bill aims to put a government commission in charge of how digital services operate,” CCIA president Matt Schruers said. “Enforcing existing criminal statutes in known cases would prevent more crime than placing a federal committee in control of how internet services police content.”
Also: EARN IT Act Debut Earns Plenty of Input
Fight for the Future (FFTF) executive director Evan Greer was even tougher on the bill, calling it “[O]ne of the most poorly conceived and dangerous pieces of internet legislation I have seen in my entire career and that’s saying a lot.” Greer said the bill “will trample human rights and online free expression, particularly for trans and queer folks.”
FFTF launched an email campaign against a prior introduction of the bill and plans to update the campaign for the reintroduced bill.
Among those on the other side of the issue are the Parents Television and Media Council (PTC) and the National Center on Sexual Exploitation (NCSE).
“The PTC proudly endorses the EARN IT Act of 2022,“ PTC president Tim Winter said. “We applaud the bipartisan and bicameral leadership of Senators Lindsey Graham and Richard Blumenthal, Reps. Ann Wagner (R-Mo.) and Sylvia Garcia (D-Texas), and over a dozen co-sponsors from both sides of the political aisle, all of whom have come together with the noble goal of protecting children from the growing and ever-present threats that are so prevalent in today’s toxic digital media environment.”
“Big Tech has no incentive to prevent predators from grooming, recruiting, and trafficking children online and as a result, countless children have fallen victim to child abusers on platforms like Instagram, Snapchat and TikTok,” NCSE president Patrick A. Trueman said when the bill was first introduced. “EARN IT gives us these missing incentives by making the current gift of immunity under the Communications Decency Act Section 230 conditional. To keep immunity, social media platforms will have to demonstrate they are actively working to prevent online sexual exploitation of minors and child sexual abuse material (CSAM).” ■
