EARN IT Act of 2023 Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023
The bill aims to amend several provisions within federal law, particularly relating to Section 230 of the Communications Act, which traditionally has provided broad protections to online platforms against liability for content posted by users. Under HB2732, there would be specific carve-outs that would allow for civil claims and criminal cases against providers of interactive services if it is shown that they have been negligent in managing or reporting instances of child sexual abuse material. This alteration would mark a significant shift in the legal landscape, potentially leading to greater scrutiny of internet service providers and the ways they enforce their content moderation policies.
House Bill 2732, titled the 'Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2023' (EARN IT Act of 2023), focuses on enhancing the protections for victims of online child sexual abuse. The bill emphasizes the need for interactive computer services to be accountable for their role in preventing and limiting the distribution of child sexual abuse material. It introduces significant changes to existing laws to prevent the harm caused by child exploitation in online environments, specifically tightening the definitions and responsibilities related to the handling of child sexual abuse material. The legislation is designed to strengthen the legal framework surrounding the prosecution of such offenses, thereby heightening the accountability of internet service providers.
While the intent of the bill has widespread support due to its focus on protecting children, it also presents points of contention among various stakeholders. Critics argue that the expanded liability for online service providers could lead to over-censorship and a chilling effect on free expression. Concerns have been raised that smaller platforms might struggle to comply with increased requirements, ultimately harming diversity in the technology space. Additionally, some stakeholders fear that the bill's provisions could inadvertently lead to the surveillance of users' communications in an effort to comply with regulations, raising civil liberties concerns.
An essential aspect of this bill is the replacement of the term 'child pornography' with 'child sexual abuse material,' which aligns with a more victim-centric language indicative of the nature of these crimes. This change is broadly supported as it reflects a shift in understanding the impacts of such material on actual victims. Additionally, the legislation requires a more proactive approach from technology companies to detect and report suspected exploitation, paving the way for a more collaborative approach between the internet industry and law enforcement in safeguarding minors.