On the recordMarch 6, 2024
Very quickly, and I will move to CSAM, Senator Durbin's bill. There is nothing in this bill about encryption. We say that this is not an encryption bill. The bill, as written, explicitly prohibits courts from treating encryption as an independent basis for liability. We are agnostic about that. What we are trying to do is hold these companies accountable by making sure they engage in best business practices. The EARN IT Act simply says: For you to have liability protections, you have to prove that you have tried to protect children. You have to earn it. It is just not given to you. You have to have the best business practices in place, have voluntary commissions that lay out what would be the best way to harden these sites against sexual exploitation. If you do those things, you get liability. It is just not given to you forever. So this is not about encryption. As to your idea, I would love to talk to you about it. Let's vote on both. But the bottom line here is there is always a reason not to do anything that holds these people liable. That is the bottom line. They will never agree to any bill that allows you to get them in court-- ever. If you are waiting on these companies to give this body permission for the average person to sue you, it ain't never going to happen. Now, CSAM, Senator Durbin has been tenacious on this. We are talking about making sure that sexually explicit material is taken down when you notify people. Is that unreasonable?…
Source
govinfo.gov