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https://cyberlaw.stanford.edu/blog/2020/01/earn-it-act-how-b...

Scroll to summary, specifically "Section 230 immunity for CSAM can be earned via 1 of 2 “safe harbors”."



Here is some more criticism of the EARN IT Act supporting that https://www.schneier.com/blog/archives/2020/03/the_earn-it_a...

Lindsay Graham has repeatedly sought to weaken encryption and mandate backdoors and key escrow. Also in June this year following the EARN IT Act he introduced the Lawful Access To Encrypted Data Act (LAED) which would mandate backdoors:

https://cyberlaw.stanford.edu/blog/2020/06/there%E2%80%99s-n...

LEAD is extreme and has little support. It is widely believed that the LAED was not intended to be passed but is meant to help pass the EARN IT Act by making the EARN IT Act seem like a more moderate and reasonable piece of legislation.

The EARN IT Act is really a ploy by Lindsay Graham and others to bypass Congress on this issue which they cannot otherwise get passed, and allow a small group of people who are not even security experts to develop regulation and mandates (which will probably be against encryption) under the guise of fighting child porn.


The basis of the arguments in that article are based on items that have been stricken from the Act. That article and the EFF post are out of date. Compliance with "best practices" is no longer part of the bill. As of right now there is no teeth to the bill.




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