The groups sent a joint letter to the Senate Committee on the Judiciary concerning the EARN It Act.
Washington D.C., February 9th, 2022 – The Developers Alliance has joined with other industry groups to send a letter to the Senate Committee on the Judiciary regarding the Eliminating Abusive and Rampant Neglect of Interactive Technologies or EARN IT Act. The bill aims to remove the intermediary liability protection for many online and software businesses and permit states to pursue their own statutes.
In their letter, however, the organizations state that the bill would “…impair lawful speech and conduct, threaten the privacy of law-abiding citizens, hinder law enforcement’s efforts against online child exploitation, and limit innovation.”
The organizations note the concerning lack of consistent and predictable national standards for intermediary liability, especially for an industry that has powered the U.S. tech sector and digital economy. “…exempting state laws broadly concerning CSAM from intermediary protections would subject companies to litigation under an unpredictable patchwork of state laws with various reduced and untested scienter requirements.” This would lead to a loss of legal certainty for software developers, while others would not be incentivized to do more. Additionally, this bill would inadvertently create mandates for security flaws in consumer and business software that would hinder the ability of the industry to serve society safely.
Finally, the groups recommend the bill not move out of committee: “As this highly technical bill has yet to receive a hearing, we request that this statement be included in the record of the Senate Judiciary Committee markup scheduled for February 10, 2022. Our industry remains committed to combating online child exploitation, and we welcome the opportunity to work with members of the Committee to address these concerns. Because of the vital interests at stake and the myriad of potential unintended consequences detailed below, we respectfully request that you not move S. 3538 out of committee.”
Signees include:
-
Developers Alliance
-
Computer & Communications Industry Association
-
ACT | The App Association
-
Chamber of Progress
-
Consumer Technology Association
-
Engine
-
Internet Infrastructure Coalition
-
Mailfence
-
NetChoice
-
Software & Information Industry Association
-
The Tor Project
The full letter can be found here.
###
About The Developers Alliance
The Developers Alliance is the world’s leading advocate for software developers and the companies invested in their success. Alliance members include industry leaders in consumer, enterprise, industrial, and emerging software development, and a global network of more than 70,000 developers.
