I retweeted this post yesterday, but I urge people who care about encryption online to read it, because this legislation should scare you. I am going to follow with a (much less thorough and accurate) summary thread below.https://twitter.com/riana_crypto/status/1222984831602061312 …
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11. In short, the bill establishes an unelected comission, which must consist of “4 law enforcement reps, 4 tech industry reps, 2 reps of child safety organizations, and 2 computer scientists/software engineering experts”. They’ll decide what the best practices are.
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12. The commission has to consider privacy and security. But that consideration is all they’re required to do. And even if they do recommend encryption: the AG can just override whatever they decide. And those problems are the tip of the iceberg. https://cyberlaw.stanford.edu/blog/2020/01/earn-it-act-how-ban-end-end-encryption-without-actually-banning-it …
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13. This thread has been long and I want to end it on a different note. There are a number of thoughtful people, including notably
@alexstamos, who feel that tech providers need to work harder to find ways to square this circle: ie allow encryption and CSAM detection to co-exist.Prikaži ovu nit -
14. It is really hard for me to look at this kind of legislation (and the underlying, constantly shifting law enforcement strategy) and say “yes, these people are working with good intent to solve a problem, let’s make things easier for them.”
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15. “Let’s build encryption systems that are somehow compatible with (currently well-intentioned) mass surveillance, and hand them over to politicians who have displayed no consistent principles in seeking this capability” does not feel like the winning move in this game. //END
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Worth comparing UK's law, which is that hosting services are not liable unless they have actual knowledge of wrongdoing (whether CSAM, copyright or libel) . This is actually less protection than (overbroad) s230, which immunizes hosts even if they *do* have actual knowledge.
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