(no title)
alibero | 4 years ago
So the EARN-IT act would seem to me to modify Section 230 to not apply in cases of child sexual exploitation law, importantly "any charge in a criminal prosecution brought against a provider of an interactive computer service under State law regarding the advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material". However despite this amendment, using E2EE would not "serve as an independent basis for liability of a provider", whatever that means.
This seems more notable to me than the whole "creating a committee to create best practices" sections but I could be misreading or misinterpreting the bill honestly, I'm no expert.
IncRnd|4 years ago
Your quote should read the following, where I've italicized the two parts you left out, "NO EFFECT ON CHILD SEXUAL EXPLOITATION LAW.—Nothing in this section (other than subsection (c)(2)(A)) shall be construed to impair or limit— any charge in a criminal prosecution brought against a provider of an interactive computer service under State law regarding the advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) of title 18, United States Code;"
alibero|4 years ago
"NO EFFECT ON CHILD SEXUAL EXPLOITATION LAW. Nothing in this section [NB Section 230] (other than subsection (c)(2)(A)) shall be construed to impair or limit ... any charge in a criminal prosecution brought against a provider of an interactive computer service under State law regarding the advertisement, promotion, presentation, distribution, or solicitation of child sexual abuse material, as defined in section 2256(8) of title 18, United States Code;"
And so Section 230 protections to content providers would cease to apply* in cases of child secual exploitation law, I think.
* EDIT: Except for those points that would be added to Section 230 specifically regarding E2EE