Civil liberties activists are opposing new legislation to combat online child, saying the measure could lead to a series of privacy and free speech problems.
The Judiciary Committee has decided to approve a revised version of the Earn It, which would eliminate “general liability protection” for online platforms that fail to provide protection from child sexual abuse material.
However, this legislation violates the Internet Services Liability Shield , as presented under Section 230 of the Act .
Supporters of the legislation say it will provide incentives to better tackle online child exploitation and abuse, but critics say it could curb free speech and create friction between online companies.
“To all the victims’ groups and law enforcement agencies urging Congress to do something about the scourge of child sexual abuse material and child exploitation online, the committee has heard you and acted decisively,” said Senator Lindsey Graham, the committee chairman.
The committee made a last-minute revision, taking into account an earlier proposal that would have required online platforms to allow authorities access to encrypted material.
For their part, activists say the legislation jeopardizes online security, as these actions could lead to a weakening of the encryption used to secure online communications.
As Emma Llanso of the Center for Democracy and Technology, the bill “allows judges across the country to apply many different legal standards to the content oversight and safety practices of intermediaries.”
Matt Schruers, president of the Computer and Communications Industry Association , a trade group, said the measure is likely to be counterproductive.
“The attribution of liability to companies for their efforts to detect, remove and hand over illegal content to law enforcement agencies runs counter to the very purpose of the legislation”, said Schruers.
Bertram Lee of the consumer group Public Knowledge said the bill “represents a significant change to platform liability law” and “would make it virtually impossible for platforms to offer end-to-end to consumers.”
