I’ve already talked about the potential 1st Amendment problems with the EARN IT Act and the potential 4th Amendment problems with it as well. But a recent post by Riana Pfefferkorn at Stanford raises an even bigger issue in all of this: what actual problem is EARN IT trying to solve?

As Riana summarizes:

No matter what the problem with online CSAM is, EARN IT isn?t going to fix it. It?s only going to make things worse, both for child victims and for everyone who uses the internet. The truth about EARN IT is that either there isn?t a serious noncompliance problem among providers that?s pervasive enough to merit a new law, but Congress just can?t resist using Section 230 as a political punching bag to harm all internet users in the name of sticking it to Big Tech? or there is a problem, but the DOJ is asleep at the wheel ? and EARN IT is a concession that Congress no longer expects them to do their jobs.

Either option should be shameful and embarrassing for the bill?s supporters to admit. Instead, this horrible legislation, if it passes, will be hailed as a bipartisan victory that shows Congress can still come together across the aisle to get things done. Apparently, harming Americans? rights online while making CSAM prosecutions harder is something both parties can agree on, even in an election year.