What is EARN IT Act?
Proposed US legislation (Eliminating Abusive and Rampant Neglect of Interactive Technologies Act) that would undermine end-to-end encryption by making platforms liable for encrypted content they cannot see.
Also known as: EARN IT, Anti-Encryption Bill
The EARN IT Act is one of the most significant legislative threats to encryption in the United States. It uses the protection of children as justification to undermine the encryption that protects everyone.
What It Does
- Removes Section 230 protections for platforms if they don't follow a set of "best practices" set by a government commission
- Creates liability for platforms that host encrypted content they cannot scan
- Effectively forces a choice: Either break encryption to scan all content, or face devastating legal liability
- The bill doesn't explicitly mention encryption — but encryption becomes legally untenable under its framework
The Logic Chain
- Platforms are protected from liability for user content under Section 230
- EARN IT says platforms must "earn" this protection by following government-defined best practices
- The government commission's best practices would effectively require scanning user content for illegal material
- End-to-end encryption makes content scanning impossible by design
- Therefore, platforms must either break encryption or lose legal protection
Why It's Dangerous
For Privacy
- Breaks the mathematical guarantee of end-to-end encryption
- Creates a scanning infrastructure that can be expanded to any type of content
- Eliminates private digital communication for everyone, not just criminals
For Security
- Any encryption backdoor can be exploited by hackers, foreign governments, and other adversaries
- Weakened encryption affects banking, healthcare, business communications, and national security
- Security researchers universally oppose mandatory backdoors
For Free Speech
- Creates a chilling effect — people self-censor when they know communications aren't private
- Journalists can't protect sources
- Lawyers can't guarantee attorney-client privilege
- Activists and dissidents lose secure communication channels
Current Status
The EARN IT Act has been introduced multiple times (2020, 2022) and faced significant opposition. It has not passed but continues to be reintroduced in various forms. Similar legislation exists in:
- UK Online Safety Act: Already law, may require content scanning
- EU Chat Control: Proposed regulation for scanning encrypted messages
- Australia: Already passed anti-encryption legislation (TOLA Act, 2018)
What You Can Do
- Contact your representatives — Express opposition specifically to encryption-undermining provisions
- Support the EFF and ACLU — Leading the legal and advocacy fight
- Use encrypted communications now — The more people depend on encryption, the harder it is to ban
- Educate others — Many people don't understand that "scanning for bad content" requires breaking encryption for all content
- Support companies that commit to maintaining end-to-end encryption
Related Terms
Encrypted Messaging
Messaging services that use end-to-end encryption to ensure only the sender and recipient can read messages, protecting against eavesdropping by anyone including the service provider.
Encryption Backdoor
A deliberately created vulnerability in encryption that allows a third party (usually government) to bypass the encryption and access protected data.
End-to-End Encrypted Cloud Storage
Cloud storage where files are encrypted on your device before upload and can only be decrypted by you, not the storage provider.
Section 702 (FISA)
A provision of the Foreign Intelligence Surveillance Act that allows the NSA to collect communications of non-US persons abroad — but in practice sweeps up vast amounts of Americans' data through 'incidental collection.'
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