a letter I wrote to my congresscritters about the EARN-IT act, which is bad

0-earn-it-letter.md

As your constituent and someone with a degree in Computer Science from the University of Michigan and 20 years in the field, I urge you to reject Sens. Graham and Blumenthal’s proposed bill, the EARN IT Act (S. 3398).

The bill would give the Attorney General far too much discretionary authority to regulate communication technology. Attorney General Barr has made it clear that he would use that authority to undermine our right to private and secure encrypted communications. Among other things, this would make journalists and whistleblowers more vulnerable at a time when their work is more important than ever. It will undermine our national security, and the security of our allies around the world.

Under EARN IT, Barr could require that tech companies weaken their own systems in order to give law enforcement access to our private communications. Such a demand would put encryption providers like WhatsApp and Signal in an awful conundrum: either face the possibility of losing everything in a single lawsuit or knowingly undermine their own users’ security, making all of us more vulnerable to criminals.

It is impossible to create a secure encryption backdoor, and anyone who claims otherwise is simply incorrect. This is not only my opinion, but the consensus opinion of the information security community. I urge you to reach out to experts on the matter if you need more information.

Section 230 has been the bedrock of free speech on the internet since its introduction. Please continue to support these important protections, and please publicly oppose the Graham-Blumenthal proposal.

1-dingell-response.md

Dear Mr. Dimcheff,

Thank you for contacting me regarding encryption and privacy standards. Your thoughts are important.

On January 30, 2020, Senator Lindsay Graham (SC) and Senator Richard Blumenthal (CT) announced their plan to introduce the EARN It Act. The legislation would permit Congress and the Trump administration to establish a commission to determine practices for tech companies to follow to prevent online exploitation of children; and it would give the attorney general the power to modify those recommendations. The bill would also civil suits to be filed against companies that distribute child pornography by taking their immunity from liability when transmitting their users' communications under Section 230 of the Communications Decency Act. In doing so, the Act forces tech companies--like WhatsApp and Facebook-to compromise their end-to-end encryption to give law enforcement access to private communications concerning exploitation of children.

It is important that we protect our children from online exploitation and give law enforcement the tools necessary to do so. However, this must not come at the expense of Americans' civil liberties. We must uphold the Constitutional protections given to Americans while aggressively pursuing actions against those exploit children online. Your perspective is helpful as we continue to explore options to prevent online abuse of children while upholding the fundamental rights of Americans.

2-stabenow-response.md

Dear Brandon,

Thank you for contacting me about our nation’s digital privacy laws. I understand your concerns about the need for transparency and protecting civil liberties.

Modern communications technology has evolved dramatically since the Electronic Communications Privacy Act (ECPA) was adopted in 1986. As the Senate considers legislation related to digital privacy, I will keep your views in mind to ensure we find a balance between protecting our country, safeguarding our personal privacy, and keeping the Internet a free and open source for innovation.

Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.