The Senate Judiciary Committee unanimously advanced the Earn It Act (S-3398) (see 2007010058) Thursday. A manager’s amendment from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., and another amendment from Sen. Patrick Leahy, D-Vt., passed.
The Senate Judiciary Committee is expected to consider a significant amendment to the Earn It Act (S-3398) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., at Thursday’s markup (see 2006290056). According to a committee aide, Graham intends to introduce a manager’s amendment with Blumenthal that would remove the tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws: “Service providers will now be treated like everyone else when it comes to combating child sexual exploitation and eradicating CSAM.” The amendment would task a government-backed commission with developing voluntary best practices rather than approving best practices required for certification, as originally drafted. “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,” said Sen. Ron Wyden, D-Ore. Wyden’s bill would direct $5 billion for investigations and resources about online child abuse. Offices for Graham and Blumenthal didn't comment. Internet Association Senior Director-Federal Government Affairs Mike Lemon welcomed recognition of Fourth Amendment concerns raised against the original bill. He said the amendment, however, would replace one set of problems with another. It would open the “door to an unpredictable and inconsistent set of standards under state laws that pose many of the same risks to strong encryption,” Lemon said. As Section 230 “does not apply to federal criminal law, these proposals, including a government-backed Internet regulatory commission, can only undermine the ongoing fight against CSAM,” said Computer & Communications Industry Association President Matt Schruers. The bill “makes it possible for one state to undermine encryption nationwide,” said NetChoice Vice President Carl Szabo. The tech industry shouldn’t be immune from lawsuits, whether at the state or federal level, when it’s responsible for injuring people including children, said National Center on Sexual Exploitation General Counsel Benjamin Bull. He said that either industry will self-correct, or the federal government will expose it to litigation. CSAM is illegal under federal law, despite Section 230, emailed Information Technology and Innovation Foundation Vice President Daniel Castro. “Why are some members of Congress so aggressively pursuing this new law? By most accounts, it appears to be because this law can be used to undercut encryption.”
The Senate Judiciary Committee is expected to consider a significant amendment to the Earn It Act (S-3398) from Chairman Lindsey Graham, R-S.C., and Sen. Richard Blumenthal, D-Conn., at Thursday’s markup (see 2006290056). Graham is said to be planning to introduce a manager’s amendment with Blumenthal that would remove the tech industry’s blanket immunity under Section 230 of the Communications Decency Act from federal civil, state criminal and state civil child sexual abuse material (CSAM) laws.
Vizio denies allegations in Sharp’s April 21 complaint at the International Trade Commission that it “engaged in unfair competition” or is guilty of Tariff Act Section 337 violations, said Vizio's response (login required) posted Wednesday in docket 337-TA-1201. Commissioners voted May 20 to open a Section 337 investigation into Sharp’s allegations that Vizio conspired with its panel maker Xianyang CaiHong Optoelectronics and TV set assembler TPV to infringe five Sharp LCD display patents (see 2005210041).
California Consumer Privacy Act enforcement starts Wednesday, Attorney General Xavier Becerra (D) reminded Tuesday. Proposed final rules submitted June 1 to the Office of Administrative Law “are currently pending approval,” the office said. Some raised legal concerns with CCPA (see 2006040046).
California Consumer Privacy Act enforcement starts Wednesday, Attorney General Xavier Becerra (D) reminded Tuesday. Proposed final rules submitted June 1 to the Office of Administrative Law “are currently pending approval,” the office said. Some raised legal concerns with CCPA (see 2006040046).
California’s proposed privacy sequel is bad for education technology, Software & Information Industry Association President Jeff Joseph said Monday. Californians will vote in November on the California Privacy Rights Act (see 2006250052). CPRA “clarifies and improves some aspects of the California Consumer Privacy Act (CCPA), most notably by alleviating the CCPA’s First Amendment infirmities with respect to publicly available information,” said Joseph. But he said the proposal “can be interpreted to present educational technology companies with an impossible choice: comply with the CPRA, and remove data from school records on student request and breach their contract with the school, thereby jeopardizing the school’s federal funding, or refuse and face liability for breaching the CPRA.” Congress should pass a national privacy law, he said. SIIA earlier raised constitutional concerns with CCPA, to be enforced starting Wednesday.
California’s proposed privacy sequel is bad for education technology, Software & Information Industry Association President Jeff Joseph said Monday. Californians will vote in November on the California Privacy Rights Act (see 2006250052). CPRA “clarifies and improves some aspects of the California Consumer Privacy Act (CCPA), most notably by alleviating the CCPA’s First Amendment infirmities with respect to publicly available information,” said Joseph. But he said the proposal “can be interpreted to present educational technology companies with an impossible choice: comply with the CPRA, and remove data from school records on student request and breach their contract with the school, thereby jeopardizing the school’s federal funding, or refuse and face liability for breaching the CPRA.” Congress should pass a national privacy law, he said. SIIA earlier raised constitutional concerns with CCPA, to be enforced starting Wednesday.
It’s unlikely Sen. Richard Blumenthal, D-Conn., could offer an amendment to keep the Earn It Act from undermining encryption for millions of Americans, encryption advocates said in interviews about Thursday’s Senate Judiciary Committee markup (see 2006250067). A victims advocate urged the committee to advance the bill, contending government action is the only way to get Big Tech to respond to rampant child exploitation.
It’s unlikely Sen. Richard Blumenthal, D-Conn., could offer an amendment to keep the Earn It Act from undermining encryption for millions of Americans, encryption advocates said in interviews about Thursday’s Senate Judiciary Committee markup (see 2006250067). A victims advocate urged the committee to advance the bill, contending government action is the only way to get Big Tech to respond to rampant child exploitation.