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Since the very beginning many of us have pointed out that the EARN IT Act will undermine encryption (as well as other parts of the internet). Senator Richard Blumenthal, the lead sponsor on the bill, has insisted over and over again that the bill has nothing to do with encryption. Right after the original bill came out, when people called this out, Blumenthal flat out said "this bill says nothing about encryption" and later claimed that "Big Tech is using encryption as a subterfuge to oppose this bill."

The newest version of EARN IT replaced Leahy's already weak amendment with one that is a more direct attack on encryption. But it has allowed slimy "anti-porn" groups like NCOSE to falsely claim that it has "dealt with the concerns about encryption." Except, as we detailed, the language of the bill now makes encryption a liability for any web service, as it explicitly says that use of encryption can be used as evidence that a website does not properly deal with child sexual abuse material.

In other words, he knows that the bill targets encryption despite two whole years of blatant denials. To go from "this bill makes no mention of encryption" to "we don't want companies using encryption as a 'get-out-of-jail-free card'" is an admission that this bill is absolutely about encryption. And if that's the case, why have their been no hearings about the impact this would have on encryption and national security? Because, that seems like a key point that should be discussed, especially with Blumenthal admitting this thing that he denied for two whole years.

Like we have been saying all along. It unanimously passed the committee stage this morning and now most likely it will head to the Senate floor in the coming weeks where it could have a full floor vote by then.

This is a very good chance of becoming law sadly.