Thank you for taking the time to contact me. As your senator, it is important that I hear from you.
I appreciate hearing your concerns about the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. This bill, which was introduced by Senator Graham on March 5, 2020, would establish a National Commission on Online Child Exploitation Prevention to explore the best practices for providers of interactive computer services to prevent online child exploitation conduct. Recommendations from the Commission would be submitted to the Attorney General every two years, who would have the opportunity to review, modify, and then publish the final practices. To continue receiving immunity from legal action under Section 230 of the Communications Decency Act, a law that prevents online platforms from being held liable for content posted by users, web service providers must comply with the Committee’s best practices, or implement other reasonable measures to prevent the spread of online child exploitation conduct.
Child exploitation is a truly heinous crime, and addressing it is a priority. Human traffickers know that children use social media and other internet platforms frequently, so they take advantage of these avenues to exploit them. This is particularly concerning because of the constantly changing digital landscape. Apps and trends change, and children are increasingly vulnerable to online predators.
During my time in the Senate, I have worked to better protect children from online exploitation. In 2017, I cosponsored the Stop Enabling Sex Traffickers Act. This bill clarified Section 230 of the Communications Decency Act to end legal protections for websites that facilitate traffickers in advertising the sale of unlawful sex acts with trafficking victims. Additionally, the Senate Judiciary Committee, where I serve as a senior member, recently held a hearing entitled, “Protecting Innocence in a Digital World” during which I questioned witnesses about the best ways to protect children from inappropriate content online. The full hearing can be found at the following link:
https://www.judiciary.senate.gov/meetings/protecting-innocence-in-a-digital-world.
I understand there are concerns regarding the impact of the EARN IT Act on the use of encryption technologies and privacy. The core of the Fourth Amendment requires that, with limited exceptions, when a law enforcement officer is investigating a crime, the officer must obtain an individualized warrant or court order to conduct a search that would violate a person’s reasonable expectation of privacy. And that order must be issued by a neutral and detached judge based on facts that demonstrate probable cause. Through this brilliant framework, for over 200 years, our constitutional system has preserved the rule of law, ensured our public safety is maintained, and protected our individual privacy and civil liberties. But recently, prominent law enforcement officials have been questioning whether the laws Congress has enacted over the years to adapt that framework to changing technology are adequate to the task today.
What officials have been telling us is that increasingly, even after they have obtained authority from a judge to conduct a search for evidence of a crime, they lack the technical means to do so. Companies are increasingly choosing to encrypt devices in such a way that the company itself is unable to unlock them, even when presented with a valid search warrant. They fear that these encrypted devices are becoming the equivalent of closets and safes that can never be opened, even when a judge has expressly authorized a search for evidence inside them. They also note that the problem is getting dramatically worse, and it’s having a real effect on their ability to protect the public and to bring criminals to justice.
On the other hand, as more of our lives have ended up on digital platforms, devices, and on the internet, our data has increasingly become a target for hackers, criminals, and foreign governments. We pick up the newspaper and read about breaches that have left personal data exposed almost on a daily basis. We want our data to remain private and secure, and it’s natural that companies seek to respond to this market demand.
You may be interested to know that on December 10, 2019, the Senate Judiciary Committee, held a hearing entitled, “Encryption and Lawful Access: Evaluating Benefits and Risks to Public Safety and Privacy”. During this hearing, we heard from both law enforcement and individuals from Apple and Facebook on the benefits and risks of the use of end to end encryption technology. The full Committee hearing can be watched at the following link:
https://www.judiciary.senate.gov/meetings/encryption-and-lawful-access-evaluating-benefits-and-risks-to-public-safety-and-privacy.
Additionally, on March 11, 2020, the Judiciary Committee held a hearing on the EARN IT Act entitled, "The EARN IT Act: Holding the Tech Industry Accountable in the Fight Against Online Child Exploitation". The hearing can be found here:
https://www.judiciary.senate.gov/meetings/the-earn-it-act-holding-the-tech-industry-accountable-in-the-fight-against-online-child-sexual-exploitation.
In light of the information we heard during these hearings, it is clear that this is an important and complicated issue, but I remain hopeful that through continued dialogue finding a consensus that balances both the need for public safety and privacy is possible. Please rest assured that as the Senate continues to discuss how to best address this issue that I will keep your concerns about the EARN It Act in mind.
Again, thank you for taking the time to contact me. I value your input and ask that you please keep in touch.
Sincerely,
Chuck Grassley
United States Senate
| COMMITTEE ASSIGNMENTS | |
CHAIRMAN,
FINANCE | AGRICULTURE
BUDGET
JUDICIARY | INTERNATIONAL NARCOTICS
CONTROL CAUCUS |
The reply i was given
cyberlaw.stanford.edu
Imma do the same as well, because not even trying means you have no right to complain. Complacency is what's ruined this great country to begin with.
