The EARN-IT Act
Prepare for another attack on encryption in the U.S. The EARN-IT Act purports to be about protecting children from predation, but it’s really about forcing the tech companies to break their encryption schemes:
The EARN IT Act would create a “National Commission on Online Child Sexual Exploitation Prevention” tasked with developing “best practices” for owners of Internet platforms to “prevent, reduce, and respond” to child exploitation. But far from mere recommendations, those “best practices” would be approved by Congress as legal requirements: if a platform failed to adhere to them, it would lose essential legal protections for free speech.
It’s easy to predict how Attorney General William Barr would use that power: to break encryption. He’s said over and over that he thinks the “best practice” is to force encrypted messaging systems to give law enforcement access to our private conversations. The Graham-Blumenthal bill would finally give Barr the power to demand that tech companies obey him or face serious repercussions, including both civil and criminal liability. Such a demand would put encryption providers like WhatsApp and Signal in an awful conundrum: either face the possibility of losing everything in a single lawsuit or knowingly undermine their users’ security, making all of us more vulnerable to online criminals.
Matthew Green has a long explanation of the bill and its effects:
The new bill, out of Lindsey Graham’s Judiciary committee, is designed to force providers to either solve the encryption-while-scanning problem, or stop using encryption entirely. And given that we don’t yet know how to solve the problem—and the techniques to do it are basically at the research stage of R&D—it’s likely that “stop using encryption” is really the preferred goal.
EARN IT works by revoking a type of liability called Section 230 that makes it possible for providers to operate on the Internet, by preventing the provider for being held responsible for what their customers do on a platform like Facebook. The new bill would make it financially impossible for providers like WhatsApp and Apple to operate services unless they conduct “best practices” for scanning their systems for CSAM.
Since there are no “best practices” in existence, and the techniques for doing this while preserving privacy are completely unknown, the bill creates a government-appointed committee that will tell technology providers what technology they have to use. The specific nature of the committee is byzantine and described within the bill itself. Needless to say, the makeup of the committee, which can include as few as zero data security experts, ensures that end-to-end encryption will almost certainly not be considered a best practice.
So in short: this bill is a backdoor way to allow the government to ban encryption on commercial services. And even more beautifully: it doesn’t come out and actually ban the use of encryption, it just makes encryption commercially infeasible for major providers to deploy, ensuring that they’ll go bankrupt if they try to disobey this committee’s recommendations.
It’s the kind of bill you’d come up with if you knew the thing you wanted to do was unconstitutional and highly unpopular, and you basically didn’t care.
Another criticism of the bill. Commentary by EPIC. Kinder analysis.
Sign a petition against this act.
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