Backed by senators Lindsey Graham (R-SC), Richard Blumenthal (D-CT), Josh Hawley (R-MO) and Dianne Feinstein (D-CA), the proposed law intends to make technology companies "earn" their exemption from liability allowed under Section 230 of the US Communications Decency Act by requiring internet companies to follow a set of best practices to keep CSAM off their networks.
The EARN IT Act puts that question front and center by giving the attorney general the ultimate say in setting the “best practices” that will give Section 230 immunity for child exploitation suits.
If companies don’t follow these rules, they could lose some protection under Section 230 of the Communications Decency Act, which largely shields companies from liability over users’ posts.Under the EARN IT Act, though, a committee could require Facebook and other companies to add a backdoor for law enforcement.
Wyden was talking to the Willamette Week about Section 230 of the Communications Decency Act, a 1996 law that gives online platforms like Facebook broad immunity for content posted by their users.
President Trump’s executive order seeks to accomplish its goal by formally limiting the protections afforded to companies under Section 230 of the Communications Decency Act and by putting the job of policing social media censorship on the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC).
"These leaks about a potential Executive Order from the White House are troubling on many levels, from the order's potential to violate the First Amendment, to its apparent disregard for the independence of agencies like the FCC and the FTC, to its intent to unilaterally limit Section 230 which promotes moderated online communities free of hate speech and misinformation," said Chris Lewis, president and CEO of Public Knowledge.
Article 13 also states that websites would become liable for the content user’s upload- with copyrighted content – much like the SESTA/FOSTA law in the US that amends section 230 of the Communications Decency Act. Due to the transformative nature of memes and the vast majority of internet content as a whole, websites like Youtube, Twitter, Imgur, Twitch, and more would struggle to operate as they do now in the EU should the laws pass.