Wednesday, March 25, 2020
"Earn It" proposed law would require pro-activity by platforms to protect children to keep Section 230 protections
In a recent video, Richard Hoeg (“Hoeg Law” or “Virtual Legality”) read and analyzed the entire text of the “Earn It” bill written in part by Senator Lindsey Graham, which implies that to maintain the downstream liability protections of Section 230, platforms would have to “earn it” by following “best practices” of a commission whose prescriptions would be unknown in advance logically.
The bill is essentially like a recursive function in mathematics.
One of the main points of the bill is to require platforms to attempt to prevent child exploitation or endangerment (including the pornography) on their platforms. This reminds me of the expectations of COPA back in 1998.
At 35:00 in the video Hoeg discusses U.S.C. 2252 and 2252A and at 45:00 2258, as particularly relevant to downstream liability exposure in the environment that could be created by this proposed law.