New Bipartisan Bill Directly Threatens Section 230 of Communications Decency Act

New Bipartisan Bill Directly Threatens Section 230 of Communications Decency Act

LOS ANGELES — Free speech advocates, tech lobbyists, civil liberties groups and others are raising the alarm about legislation unveiled Thursday, intended to combat "online sexual abuse of children," that directly threatens Section 230 of the Communications Decency Act, which offers tech companies a measure of protection from liability for content posted by users of their websites or platforms.

Section 230 has been described as "the internet's First Amendment."

"Without Section 230, it would be hard for companies to avoid lawsuits and criminal charges without either becoming cesspools of totally unmoderated speech or banning user-generated speech entirely," observed Reason.com last year.

Yesterday's bill, the Eliminating Abuse and Rampant Neglect of Interactive Technologies Act, or EARN IT Act, would revoke tech companies' long-standing protection from being sued based on user-posted content "unless the companies comply with a new commission's 'best practices' for combating the spread of online sexual exploitation, or show that they've taken other 'reasonable' steps to address the issue," reports Ben Kochman for Law360.com.

Critics immediately raised concerns over the ability of the proposed National Commission on Online Child Sexual Exploitation Prevention (NCOCSEP) to "target end-to-end encryption, the technology that bars third parties, including law enforcement, from reading the content of communications or accessing encrypted devices."

NCOCSEP would have 19 members under the leadership of U.S. Attorney General William Barr, "a consistent critic of encryption," notes Law360, "who has pushed companies like Facebook and Apple to scale back the technology to help law enforcement."

Barr criticized Section 230 at a Justice Department workshop last month, claiming it acts as a deterrence to law enforcement efforts. 

Sen. Ron Wyden (D-Ore) co-authored Section 230 in 1996. He condemned the new legislation as "terrible" and "a Trojan horse to give Attorney General Barr and Donald Trump the power to control online speech and require government access to every aspect of Americans' lives," reports Law360.

Nevertheless, the bill's supporters, among them Judiciary Committee Chairman Lindsay Graham (R-S.C.) and ranking member Sen. Diane Feinstein (D-Calif.), claim "the EARN IT Act, appropriately curtails Section 230 in light of the growing spread of child sex abuse material online."

Tech giant Facebook said yesterday the EARN IT Act could adversely affect "everyone's safety from criminals and hackers," notes Law360.

A number of lobbying groups, among them the Computer & Communications Industry Association, the Consumer Technology Association and the Internet Association, released an open letter expressing deep concerns about the bill's implications.

The American Civil Liberties Union, meanwhile, condemned the EARN IT Act as a threat to "the safety of activists, domestic violence victims and millions of others who rely on strong encryption."

Additionally, law enforcement officials from the U.K., Canada, Australia and New Zealand on Thursday attended a press conference with Barr where 11 "voluntary principles" were announced that reps for Facebook, Google, Microsoft, Twitter, Snap and Roblox have agreed to follow "in an effort to curb online sex crimes."

None of the principles, however, address encryption, which the U.K. minister of state for security described as the "elephant in the room."

The full judiciary committee will discuss the EARN IT Act on Wednesday.

Find the Law360 article online here.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Foxxy Stars in Latest From TransAngels

Foxxy stars with Josh Rivers in "Getting D in Detention," from TransAngels.

Show More