The Internet “Just Works”: The EARN IT Act Threatens That and More

When the EARN IT Act was introduced in March 2020, technologists, civil society organizations, academics, and even a former FBI General Counsel blasted the bill as a thinly veiled attempt to prevent platforms from keeping users safe with strong encryption. The bill had implications for intermediary liability, of course, but it was clearly a play to take down the strongest digital security tool we have online.
The EARN IT Act is now a monstrous version of its previous self. It would not only weaken the ability of platforms to protect users through encryption, but fundamentally alter how platforms operate, leading to dangerous consequences for users and the global Internet.
While the new version of the bill would prevent the federal government from forcing platforms to weaken encryption to maintain their intermediary liability protection (a foundational aspect of most companies’ business plans), it would essentially allow states to pass their own version of the original EARN IT Act. This would create a chaotic patchwork of state-level laws, threatening user security across the country and creating borders for a networking system that was never meant to recognize them. This bill would not only weaken the ability of platforms to protect users through Continue reading