The EARN IT act is back, and it’s more dangerous than ever

The existential threat this bill poses to free society and democracy is exactly why they're supporting it. It's not some accidental side effect.

They're opposed to the existence of free society and democracy because it limits government power, which means letting criminals and terrorists run free. They want the police to have all the power they can get because, as far as they're concerned, they're the good guys, and giving the good guys more power helps them win against the bad guys.

Free society means limited government, and the only way for the government to be in favor of that is for the government to vote against its own interests. That requires the people in the government to identify more strongly with the people living under the government than with the government itself. This is precarious at the best of times. Why would the governing party want to make it easy to organize dissenting political parties and alternative centers of power? Power might fall into the wrong hands.

I know that sounds sarcastic, but try to see it from their perspective, even if you don't agree with it.

Public policy orgs like EFF etc have proposed modifications to limit the most disastrous elements of this proposal but to the extent those proposals fix or limit the 'accidental' limitless liability for communications platforms, they are met only with disingenuous cries of "think of the children." I think it's pretty clear the lack of "good-faith discussion" lies with the people who've never openly acknowledged what all this is really about.

> even by those in the IC.

Hopefully the intelligence community, as opposed to the domestic law enforcement agencies, already understands how dangerous this legislation could be for U.S. national interests. The unintended consequences won't stop at social media. Platforms of all kinds will react to the liability exposure or merely the possibility of it. With other nations imposing their own in-country data requirements on trans-national platforms how many platforms (or their upstream technology providers) will maintain a separate insecure version for domestic tapping and a robustly secure version for international use? Just like our own backdoors being used against us, we've already seen how this kind of thing has a way of undermining our own security. Short-sighted bureaucrats are playing with fire here.

> too many folks defend their position from libertarian ideals

I don't see how this is tied to uniquely libertarian ideals. The 4th amendment prohibition on government search of citizen's "papers and property" isn't some aspirational ideal or partisan political viewpoint - it's always been at the very core of the nation. It's also been continuously endorsed by both liberal and conservative supreme courts for hundreds of years.

> that most folks in govt are just doing their job.

To the extent their actions undermine the constitution, it's no longer "law enforcement". Sadly, quite the opposite. If the law is the 'operating system', then the constitution is the 'secure kernel' - the last line of defense against both external AND internal threats capable of undermining the integrity of the entire system. Law enforcement has privileged accounts which are THE primary internal threat the secure kernel was designed to stop. From day one in the 1700s, the constitution has always made the job of law enforcement MUCH harder. That's not a bug. It's "As Designed" and perma-marked by the original designers (and the maintainers in SCOTUS) as "Won't Fix". Hell, it goes beyond just a feature - limiting the power of the government is the explicitly stated purpose of the thing - to the extent it puts a big fence around the few powers granted to government (with the barbs pointed inward) and grants everything else, mentioned or not, as powers granted to citizens.

It's always been well understood, as well as taught in elementary school, that the unique freedoms the country was founded on came with a cost - and sometimes that cost would be high, but... preserving these freedoms, including making things harder on law enforcement (and potentially easier on criminals), was worth the cost. I suspect congress is going to be surprised by how non-partisan (and non-negotiable) the fundamental integrity of the system is for most users.

There is no practical scenario where those who want to use e2e will not have that capability. Even if technology companies are totally banned from producing it domestically, it's trivial for foreign companies to provide the e2e software and supply it over the internet.

Thus, supporting an end around, can be attacked as well..