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Society & Culture
Virtual Legality Episode 195

A Lawyer Reads "EARN IT" aka "How to Threaten the Internet!"

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1y Mar 23, 2020
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The "EARN IT Act of 2020", presently merely a proposed Senate Bill, threatens to upend not just the liability shield of the Communication Decency Act's Section 230 (CDA 230), but ultimately both the way the Internet operates and the trust that its users can have.

How does EARN IT leverage the CDA 230 liability shield on which much of the Internet's user generated content paradigm is based?

Why is EARN IT's removal of the establishment of rules to a commission yet to be formed so problematic given the structure of the Act?

What powers does such a Commission have, and what is the likely result of their recommendations?

How can such recommendations affect data privacy, Constitutional considerations, consumer protections, and more?

And why should even well-intentioned people reject its structure in favor of other, less draconian alternatives?

Perhaps it is (past) time that Congress "Earn It"...in Virtual Legality.

#EarnIt #CDA230 #Internet


Discussed in this episode:

"Congress proposes anti-child abuse rules to punish web platforms — and raises fears about encryption"
The Verge - March 5, 2020 - Adi Robertson
https://www.theverge.com/2020/3/5/21162983/congress-senate-earn-it-act-lindsey-graham-richard-blumenthal-section-230-encryption-bill-proposed

"Hey [Hoeg Law], would you be interested in covering the topic of the EARN IT Act bill?"
Tweet - March 22, 2020 - Justin Greene (@AnimeCwboy)
https://twitter.com/AnimeCwboy/status/1241855121853575168

"Protection for private blocking and screening of offensive material"
47 USC 230
https://uscode.house.gov/view.xhtml?req=(title:47 section:230 edition:prelim)

The "EARN IT Act of 2020"
Senate Bill 3398
https://www.lgraham.senate.gov/public/index.cfm/sponsored-bills

"Civil remedy for personal injuries"
18 USC 2255
https://www.law.cornell.edu/uscode/text/18/2255

"Certain activities relating to material..."
18 USC 2252
https://www.law.cornell.edu/uscode/text/18/2252

"Certain activities relating to material..."
18 USC 2252A
https://www.law.cornell.edu/uscode/text/18/2252A

"Reporting requirements of providers"
18 USC 2258A


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

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About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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