Security Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Security Magazine logo
  • NEWS
    • Security Newswire
    • Technologies & Solutions
  • MANAGEMENT
    • Leadership Management
    • Enterprise Services
    • Security Education & Training
    • Logical Security
    • Security & Business Resilience
    • Profiles in Excellence
  • PHYSICAL
    • Access Management
    • Fire & Life Safety
    • Identity Management
    • Physical Security
    • Video Surveillance
    • Case Studies (Physical)
  • CYBER
    • Cybersecurity News
    • More
  • BLOG
  • COLUMNS
    • Cyber Tactics
    • Leadership & Management
    • Security Talk
    • Career Intelligence
    • Leader to Leader
    • Cybersecurity Education & Training
  • EXCLUSIVES
    • Annual Guarding Report
    • Most Influential People in Security
    • The Security Benchmark Report
    • The Security Leadership Issue
    • Top Guard and Security Officer Companies
    • Top Cybersecurity Leaders
    • Women in Security
  • SECTORS
    • Arenas / Stadiums / Leagues / Entertainment
    • Banking/Finance/Insurance
    • Construction, Real Estate, Property Management
    • Education: K-12
    • Education: University
    • Government: Federal, State and Local
    • Hospitality & Casinos
    • Hospitals & Medical Centers
    • Infrastructure:Electric,Gas & Water
    • Ports: Sea, Land, & Air
    • Retail/Restaurants/Convenience
    • Transportation/Logistics/Supply Chain/Distribution/ Warehousing
  • EVENTS
    • Industry Events
    • Webinars
    • Solutions by Sector
    • Security 500 Conference
  • MEDIA
    • Videos
      • Cybersecurity & Geopolitical Discussion
      • Ask Me Anything (AMA) Series
    • Podcasts
    • Polls
    • Photo Galleries
  • MORE
    • Call for Entries
    • Classifieds & Job Listings
    • Continuing Education
    • Newsletter
    • Sponsor Insights
    • Store
    • White Papers
  • EMAG
    • eMagazine
    • This Month's Content
    • Advertise
  • SIGN UP!
CybersecurityManagementTechnologies & SolutionsSecurity Enterprise ServicesSecurity Leadership and ManagementLogical SecuritySecurity & Business Resilience

The EARN IT Act’s serious privacy, security and free speech implications

By Anurag Lal
Encryption Future - Security Magazine
August 17, 2020

The Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2020 (EARN IT), a bill introduced by Senator Lindsey Graham (R-South Carolina) and Senator Richard Blumenthal (D-Connecticut), aimed at protecting children from online predators, is facing scrutiny from those who believe it will undermine privacy, promote censorship and jeopardize the right to free speech.

Introduced in March, the original version of the bill proposed that if online platforms wanted to retain their Section 230 immunity (part of the Federal Communications Act that protects internet companies from liability for user content posted on their platforms), they would need to “earn it” by following the requirements of an unelected government commission.

Recent amendments to the bill make this commission’s best practices requirements voluntary, instead allowing states to bring criminal or civil charges against companies that violate them. The new version of the bill leaves discretion to each state to enforce their own child exploitation laws, which introduces inconsistency and opens the door for states to create laws that could potentially undermine data protections like end-to-end encryption.

Senator Ron Wyden (D-Oregon), criticizing the amended version of the EARN IT Act, said that “by allowing any individual state to set laws for internet content, this bill will create massive uncertainty, both for strong encryption and free speech online.”

While the EARN IT Act is well intentioned, the bill’s serious privacy, security and freedom of speech implications are drawing a flurry of criticism from other security experts and activist groups as well.

Joe Mullin, policy analyst for the Electronic Frontier Foundation (EFF) website said: “…the bill still encourages state lawmakers to look for loopholes to undermine end-to-end encryption, such as demanding that messages be scanned on a local device, before they get encrypted and sent along to their recipient.”

Security experts are particularly concerned about the amended version’s requirement for some form of “client-side scanning,” which requires device makers and internet platforms to scan all data before and after encryption. Under the current version of the legislation, encrypted messaging service providers would be required to monitor messages for abusive material. Such monitoring essentially opens a back door to encryption that compromises security and confidentiality.

The American Civil Liberties Union (ACLU) called the EARN IT Act “a disaster for online speech and privacy” and noted that this bill “will strike at the heart of encrypted communications and undermine free expression on the internet.” In a letter to the U.S. Senate Judiciary Committee, the ACLU said: “by allowing states to set their own standards for platform liability for CSAM [Child Sexual Abuse Material], the amended version allows states to create inappropriate standards by which platform responsibility for user generated content should be judged. Reckless or negligence standards, which may already be in effect for publication in certain state laws, will increase the likelihood that platforms over censor speech and undermine or weaken encryption standards in order to avoid legal risk.”

Security measures such as end-to-end encryption are now more important than ever as the COVID-19 pandemic increases reliance on digital platforms in every area of life from living to working to socializing. This accelerated digital transformation is widening the threat landscape and exposing networks, devices and data to increasing cybersecurity risk.

End-to-end encryption is critical to thwarting cybercriminals that are using the pandemic for commercial gain. Alarming data collected from late January to April by cloud security company Zscaler shows that malicious cyber actors are taking advantage of the increased dependence on digital platforms, reporting an increase of 30,00 percent in phishing, malicious websites and malware targeting remote users.

As these cyber threats continue to ramp up, the amended version of the EARN IT Act was unanimously approved by the Senate Judiciary Committee in July, paving the way for the bill to head for debate on the Senate floor.

The EEF and other organizations oppose passage of the bill with EEF policy analyst Joe Mullin saying: “offering users real privacy, in the form of end-to-end encrypted messaging, and robust platforms for free speech shouldn’t produce lawsuits and prosecutions. The new EARN IT bill will do just that and should be opposed.”

Combating child sexual abuse material on online platforms is a serious problem that needs to be addressed, but Congress should go back to the drawing board on the EARN IT Act and develop measures that achieve this without limiting free speech or compromising security.

KEYWORDS: child predators data privacy encryption online security privacy concerns

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Anurag lal headshot

Anurag Lal is the President & CEO of Infinite Convergence Solutions. With more than 25 years of leadership and operating experience in technology, mobile, SaaS, cloud and telecom services, Anurag leads a talented team of innovators who are transforming everyday messaging technology into secure, highly scalable communication platforms that can be leveraged across a variety of markets and segments. Appointed by the Obama administration, Anurag also previously served as a Director of the U.S. National Broadband Task Force (part of the Federal Communications Commission). A frequent contributor on wireless connectivity, broadband and related security issues, Anurag has received various industry accolades, including recognition by the Wireless Broadband Industry Alliance in the U.K. for exceptional individual contributions to the wireless broadband industry.

Recommended Content

JOIN TODAY
To unlock your recommendations.

Already have an account? Sign In

  • Security's Top Cybersecurity Leaders 2024

    Security's Top Cybersecurity Leaders 2024

    Security magazine's Top Cybersecurity Leaders 2024 award...
    Cybersecurity
    By: Security Staff
  • cyber brain

    The intersection of cybersecurity and artificial intelligence

    Artificial intelligence (AI) is a valuable cybersecurity...
    Cyber Tactics Column
    By: Pam Nigro
  • artificial intelligence AI graphic

    Assessing the pros and cons of AI for cybersecurity

    Artificial intelligence (AI) has significant implications...
    Cybersecurity Education & Training
    By: Charles Denyer
Manage My Account
  • Security eNewsletter & Other eNews Alerts
  • eMagazine Subscriptions
  • Manage My Preferences
  • Online Registration
  • Mobile App
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Security audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Security or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Crisis Response Team
    Sponsored byEverbridge

    Automate or Fall Behind – Crisis Response at the Speed of Risk

  • Perimeter security
    Sponsored byAMAROK

    Why Property Security is the New Competitive Advantage

  • Duty of Care
    Sponsored byAMAROK

    Integrating Technology and Physical Security to Advance Duty of Care

Popular Stories

Coding

AI Emerges as the Top Concern for Security Leaders

Half open laptop

“Luigi Was Right”: A Look at the Website Sharing Data on More Than 1,000 Executives

Shopping mall

Victoria’s Secret Security Incident Shuts Down Website

Laptop with coding on ground

Stepping Into the Light: Why CISOs Are Replacing Black-Box Security With Open-Source XDR

Gift cards and credit cards

Why Are Cyberattacks Targeting Retail? Experts Share Their Thoughts

2025 Security Benchmark banner

Events

June 24, 2025

Inside a Modern GSOC: How Anthropic Benchmarks Risk Detection Tools for Speed and Accuracy

For today's security teams, making informed decisions in the first moments of a crisis is critical.

July 17, 2025

Tech in the Jungle: Leveraging Surveillance, Access Control, and Technology in Unique Environments

From animal habitats to bustling crowds of visitors, a zoo is a one-of-a-kind environment for deploying modern security technologies.

View All Submit An Event

Products

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

Security Culture: A How-to Guide for Improving Security Culture and Dealing with People Risk in Your Organisation

See More Products

Related Articles

  • SEC0819-Cyber-Feat-slide1_900px

    The enterprise imperative of cyber resiliency post-COVID-19

    See More
  • data privacy

    The California Consumer Privacy Act Has Data Security at its Core

    See More
  • CCPA

    Cybersecurity Response to the California Consumer Privacy Act

    See More

Related Products

See More Products
  • physical security.webp

    Physical Security Assessment Handbook An Insider’s Guide to Securing a Business

See More Products

Events

View AllSubmit An Event
  • July 17, 2025

    Tech in the Jungle: Leveraging Surveillance, Access Control, and Technology in Unique Environments

    From animal habitats to bustling crowds of visitors, a zoo is a one-of-a-kind environment for deploying modern security technologies.
View AllSubmit An Event
×

Sign-up to receive top management & result-driven techniques in the industry.

Join over 20,000+ industry leaders who receive our premium content.

SIGN UP TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • eNewsletter
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing