earn it act violates the constitution

Posted on October 8th, 2020

Thus, Congress may not selectively grant Section 230 immunity only to online platforms that comply with “best practices” that interfere with their First Amendment right to make editorial choices regarding their hosting of user-generated content. Since senators introduced the EARN IT Act (S. 3398) in early March, EFF has called attention to the many ways in which the bill would be a disaster for Internet users’ free speech and security. However, the EARN IT Act’s “best practices” may effectively coerce online platforms into proactively scanning users’ accounts in order to keep the companies’ legal immunity under Section 230. I believe they have a world-class psychiatric ward. Diamond and Silk on live 10-08-2020. That’s because the government argues that companies voluntarily scan their own networks for private purposes, namely to ensure that their services stay safe for all users. Broward Elections Supervisor Illegally Destroyed Ballots, Judge Rules | Tampa Bay Times, Judge Orders Gov’t to Reunite Detained Children With Family Within 30 Days, US-Backed Coalition Behind 67% of Yemeni Children Killed Last Year: UN Report, Saudi Arabia, UAE, Jordan, Egypt Back Trump’s Israel-Palestine Plan: Report. img.wp-smiley, 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… The EARN IT Act fails strict scrutiny. Since senators introduced the EARN IT Act (S. 3398) in early March, EFF has called attention to the many ways in which the bill would be a disaster for Internet users’ free speech and security. overflow: hidden; | Daniel Yergin, invasive scans that risk violating all users’ privacy and security, Australia coronavirus live updates: death toll rises to 20 as pop-up clinic established in Bondi – latest news, 'Really amazing': scientists show that fish migrate through the deep oceans. Human rights advocates call to put an end to the EARN IT Act because it violates the First and Fourth Amendments and puts Americans at risk of surveillance, censorship and human rights abuses. The bill seeks to hold online service providers responsible for a particular type of content and the choices they make regarding user-generated content, and so it must satisfy the strictest form of judicial scrutiny. Thus, to the extent that online service providers scan users’ accounts to comply with the EARN IT Act, and do so without a probable cause warrant, defendants would have a much stronger argument that these scans violate the Fourth Amendment. Presently, the EARN IT Act has been introduced in the Senate and assigned to the Senate Judiciary Committee, which held a hearing on March 11. SOURCE NationofChange. Cops, Congress Weighs Limits, Massive military spending is turning America into a ‘warfare state,’ warns ex U.S. Army Colonel, No Job, Loads of Debt: Covid Upends Middle-Class Family Finances, With No Tough Questions, Biden Still Bumbles Through Another Week, Human-Rights Groups Protest China’s Bid for U.N. Human Rights Council, [DS] Pushing The Last Part Of Their Plan, Countermeasures In Place, Playbook Known – Episode 2297b, Total Declassification Without Redactions, Red October, Patriots On The Hunt – Episode 2296b, Did You See What Trump Just Did, [DS] Narrative Destroyed, Drip, Drip, Declass -Episode 2295b, #TurnADem : Pel_si 25th Am Illegal Commish, Cure Plan, FBI UN Effies #Blexit #WalkAway, #Covfefe: TRUMP MASS RADIO RALLY! Congress created Section 230 and, therefore, has wide authority to modify or repeal the law without violating the First Amendment (though as a policy matter, we don’t support that). The next step is for the committee to consider amendments during a markup proceeding (though given the current state of affairs it’s unclear when that will be). margin: 0 .07em !important; Contrast this with what happens today: if an online service provider obtains actual knowledge of an apparent or imminent violation of anti-child pornography laws, it’s required to make a report to the National Center for Missing and Exploited Children’s (NCMEC) CyberTipline. } Yet, given the bill’s broad scope, it will inevitably force online platforms to censor the constitutionally protected speech of their users. Although the bill doesn’t use the word “encryption” in its text, it gives government officials like Attorney General William Barr the power to compel online service providers to break encryption or be exposed to potentially crushing legal liability. display: inline !important; However, the Supreme Court has said that the government may not condition the granting of a governmental privilege on individuals or entities doing things that amount to a violation of their First Amendment rights. In the wake of the coronavirus pandemic, many social media platforms shifted their content moderation policies to rely much more heavily on automated tools. Media Blackout of Third Option For President on Every Ballot in U.S. How the dividing line between play and the reality of what a firearm is became blurred, Blacks/Latinos Hit Particularly Hard As Mortgage Crisis Lingers.

Trump’s Ban on TikTok Violates First Amendment by Eliminating Unique Platform for Political Speech, Activism of Millions of Users, EFF Tells Court, One Database to Rule Them All: The Invisible Content Cartel that Undermines the Freedom of Expression Online. Enter your email address to subscribe to this blog and receive notifications of new posts by email. function gtag(){dataLayer.push(arguments);} I've never really understood what's wrong with laws going against the US constitution. Enter your email address to receive notifications of new posts by email.

.has-text-align-justify{text-align:justify;} The bill seeks to hold online service providers responsible for a particular type of content and the choices they make regarding user-generated content, and so it must satisfy the strictest form of judicial scrutiny. Thus, Congress may not selectively grant Section 230 immunity only to online platforms that comply with “best practices” that interfere with their First Amendment right to make editorial choices regarding their hosting of user-generated content.

Presently, the EARN IT Act has been introduced in the Senate and assigned to the Senate Judiciary Committee, which held a hearing on March 11. TOPGUN Pilot discusses lessons learned throughout career in new book, California Doctor Saves Lives with Hydroxychloroquine, The Leftist Rioting and Violence Continues with Josh Hammer, Texas Transportation Museum, San Antonio , TX, Sara Westall and Ezili Danto speak about Haiti, Clinton Foundation, and the Deep State, Second Presidential Debate Cancelled; Would be Moderator Steve Scully Shows Bias, Oops!

The EARN IT Act fails strict scrutiny. As Congress considers the EARN IT Act—which would require online platforms to comply with to-be-determined “best practices” in order to preserve certain protections from criminal and civil liability for user-generated content under Section 230 (47 U.S.C. Under this doctrine, NCMEC and law enforcement agencies also do not need a warrant to view users’ account content already searched by the companies. The next step is for the committee to consider amendments during a markup proceeding (though given the current state of affairs it’s unclear when that will be). And a Whole lot more…. Given Congress’ goal of protecting children from online sexual exploitation, it should not risk the suppression of evidence by effectively coercing companies to scan their networks. Email updates on news, actions, events in your area, and more. That’s because the government argues that companies voluntarily scan their own networks for private purposes, namely to ensure that their services stay safe for all users. We urge you to contact your members of Congress and ask them to reject the bill. We’ve explained how the EARN IT Act could be used to drastically undermine encryption. On the other hand, courts have largely rejected arguments that online service providers are agents of the government in this context.

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