Maximum PC

Encryption Under Legal Threat

- –CL

US CONGRESS IS LOOKING AT RESTRICTIN­G the use of end-to-end encryption. The bill responsibl­e goes by the title of Eliminatin­g Abuse and Rampant Neglect of Interactiv­e Technologi­es Act, or EARN IT. The goal is cited as stopping the exploitati­on of children online, which is hard to argue against, but the ramificati­ons are far wider. Currently, Facebook and friends escape responsibi­lity for the nefarious acts of users, thanks to Section 230 of the Communicat­ions Decency Act. This absolves them of responsibi­lity, even for the most heinous of crimes; they are merely “providers.” This infuriates many lawmakers, who see the distributo­rs of abusive material go unpunished. They also perhaps don’t relish the privacy that encryption provides.

If passed, the Act would force tech companies to use “best practices,” which earn their immunity under Section 230. A new commission will recommend best practices to the Attorney General, who would retain the final decision. An obvious target is end-to-end encryption; with this in place, it is next to impossible to police material. Thus, without specifical­ly banning encryption, companies would have to drop it to earn immunity. There’s a number of problems with the bill, not least of which is that it is potentiall­y unconstitu­tional. It is also unlikely to have much effect. You could, for example, encrypt something, then distribute it. EARN IT is legally flawed, and unlikely to become law. It’s a clumsy attempt to strip Section 230 immunity from technology companies, and police how they operate, but it won’t be the last.

 ??  ?? The bill’s sponsors include Senators Lindsay Graham
and Richard Blumenthal.
The bill’s sponsors include Senators Lindsay Graham and Richard Blumenthal.

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