I was going to call my Representative, and express my disapproval to my Senators for being on the sponsors list, when I actually read the act. I really don't see what the EFF is talking about.
It seems like a very straightforward bill that makes things much better by explicitly removing any liability from companies for either having end to end encryption or for not creating backdoors.
Here's my breakdown of the text of the bill:
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Create a commission of 16 people, half appointed by each party. Can only make recommendations that 14 of the 16 approve of.
4 shall have current experience in investigating online child sexual exploitation crimes, of whom, 2 shall have such experience in a law enforcement capacity; and 2 shall have such experience in a prosecutorial capacity;
4 shall be survivors of online child sexual exploitation, or have current experience in providing services for victims of online child sexual exploitation in a non-governmental capacity;
2 shall have current experience in matters related to consumer protection, civil liberties, civil rights, or privacy; and
2 shall have current experience in computer science or software engineering related to matters of cryptography, data security, or artificial intelligence in a non-governmental capacity; and
4 shall be individuals who each currently work for an interactive computer service that is unrelated to each other interactive computer service represented under this subparagraph, representing diverse types of businesses and areas of professional expertise, of whom 2 shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with not less than 30,000,000 monthly users in the United States; and 2 shall have current experience in addressing online child sexual exploitation and promoting child safety at an interactive computer service with less than 10,000,000 monthly users in the United States.
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the Commission shall develop and submit to the Attorney General recommended best practices that providers of interactive computer services may choose to engage in to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material.
(A) preventing, identifying, disrupting, and reporting online child sexual exploitation;
(B) coordinating with non-profit organizations and other providers of interactive computer services to preserve, remove from view, and report online child sexual exploitation;
(C) retaining child sexual exploitation content and related user identification and location data;
(D) receiving and triaging reports of online child sexual exploitation by users of interactive computer services, including self-reporting;
(E) implementing a standard rating and categorization system to identify the type and severity of child sexual abuse material;
(F) training and supporting content moderators who review child sexual exploitation content for the purposes of preventing and disrupting online child sexual exploitation;
(G) preparing and issuing transparency reports, including disclosures in terms of service, relating to identifying, categorizing, and reporting online child sexual exploitation and efforts to prevent and disrupt online child sexual exploitation;
(H) coordinating with voluntary initiatives offered among and to providers of interactive computer services relating to identifying, categorizing, and reporting online child sexual exploitation;
(I) employing age rating and age gating systems to reduce online child sexual exploitation;
(J) offering parental control products that enable customers to limit the types of websites, social media platforms, and internet content that are accessible to children; and
(K) contractual and operational practices to ensure third parties, contractors, and affiliates comply with the best practices.
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Amends Sec 230e so that child sexual exploitation law gets its own section, on the list of things that section 230 does not apply to, joining, among other things, all federal criminal law, all IP law, sex trafficking, and privacy laws. The text to be inserted looks similar to the current sex trafficking text?
Explicitly say that the entire list of exceptions to 230 does not create liability, either federal or state IF you are end to end encrypting and cannot decrypt.
Not creating backdoors does not create liability.
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Go through all federal laws and change "Child Pornography" to "Child Sexual Abuse Material".
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So overall I don't see the issue. Seems like a good law.