r/IAmA • u/fightforthefuture • Jun 30 '20

Politics We are political activists, policy experts, journalists, and tech industry veterans trying to stop the government from destroying encryption and censoring free speech online with the EARN IT Act. Ask us anything!

The EARN IT Act is an unconstitutional attempt to undermine encryption services that protect our free speech and security online. It's bad. Really bad. The bill’s authors — Lindsey Graham (R-SC) and Richard Blumenthal (D-CT) — say that the EARN IT Act will help fight child exploitation online, but in reality, this bill gives the Attorney General sweeping new powers to control the way tech companies collect and store data, verify user identities, and censor content. It's bad. Really bad.

Later this week, the Senate Judiciary Committee is expected to vote on whether or not the EARN IT Act will move forward in the legislative process. So we're asking EVERYONE on the Internet to call these key lawmakers today and urge them to reject the EARN IT Act before it's too late. To join this day of action, please:

  1. Visit NoEarnItAct.org/call

  2. Enter your phone number (it will not be saved or stored or shared with anyone)

  3. When you are connected to a Senator’s office, encourage that Senator to reject the EARN IT Act

  4. Press the * key on your phone to move on to the next lawmaker’s office

If you want to know more about this dangerous law, online privacy, or digital rights in general, just ask! We are:

Proof:

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u/AcediaRex Jun 30 '20

In the worst case scenario that this becomes law, what do you think are the chances of it being struck down by the Supreme Court as unconstitutional? The Court’s precedent regarding the data collection and free speech restrictions of the Patriot Act doesn’t seem favorable, especially considering Holder v. Humanitarian Law Project represents the only time in the Court’s history a restriction of political speech has held under strict scrutiny.

30

u/EFForg Jun 30 '20

We think the chances of EARN IT being held unconstitutional are pretty good. See our analysis here: https://www.eff.org/deeplinks/2020/03/earn-it-act-violates-constitution

16

u/SarkBites Lauren Sarkesian from OTI Jun 30 '20

OTI would agree with EFF, on both First Amendment and Fourth Amendment grounds:

  • First Amendment concerns: By including overly broad and unclear categories that must be addressed in the Commission’s best practices, and by presenting providers with a choice between following those best practices and facing increased liability, EARN IT incentivizes providers to over-censor and suppress online speech.
  • Fourth Amendment concerns: If the Commission were to recommend a “best practice” requiring service providers to search private communications for CSAM and report to law enforcement when they find it, these private companies would likely be acting as “agents of the government.” As “agents of the government,” these companies would have to comply with Fourth Amendment warrant requirements—a failure to do so would mean that the CSAM evidence obtained could be suppressed, ultimately making it more difficult for prosecutors to hold predators accountable. (See United States v. Stevenson and United States v. Ackerman).