The re-introduction of the earn it act…

With the re-introduction of EARN IT, we're trying to figure out how to push back before it goes for markup on Thursday! The strategy (in consulting with several other groups working on this) is to tweet at and email the two Senators on Judiciary who were not around to vote on SESTA - CA Sen. Padilla and GA Sen. Ossoff today and tomorrow (2/8 and 2/9). This bill is harmful to sex workers, but also would have significant impact on LGBTQ communities, especially youth, sharing information.

Below is a quick FAQ and sample language for outreach. Links to longer documents are below.

What does EARN IT do?

EARN IT uses the same approach to ending harm as SESTA did in 2018. EARN IT proposes a 19 person commission chosen by each party (not chosen by experts - Congressmembers. Eight chosen by Democrats and eight by Republicans), comprised of mostly law enforcement, followed by four tech representatives, four privacy/civil liberties representatives, and four slots for survivors of child sexual abuse and/or service providers. This commission will come up with a list of regulations for digital platforms under a very broad mandate including parental controls, age rating systems, and coordination with non profits. These regulations will be fast-tracked through Congress, and websites will have to certify against them in order to preserve their civil liability protections from what happens on their site.

Not only does this prioritize a law enforcement-dominant, politicized approach to child sexual abuse, there are no requirements for anything to be evidence based, no requirements for representation from impacted communities (including LGBTQ), no requirements for reporting or even looking at the impact, and no 

Why is EARN IT so harmful?

EARN IT takes the same tactic as SESTA - expansion of civil liability for digital platforms in order to combat child abuse. We know that when platforms approach these issues, they broadly interpret these provisions and it's easier to erase communities than threaten their bottom line. The last few years have shown that when platforms use automated controls to moderate content, it targets sex workers, but also blocks LGBTQ content and reproductive health information.

Click here for a full FAQ on EARN IT. It was written based on the 116th introduction, but the main parts of the bill are the same. The main change is the inclusion of an Amendment explicitly about encryption which says that encryption *alone* is not enough for a website's liability 

Sample Language for Tweets (Longer doc/more tweets here)

Senator Padilla: @SenAlexPadilla

Senator Ossoff: @ossoff

Because of #SESTA we can’t even say $xwrkr on Twitter anymore. #EARNIT will only make things worse. Tomorrow, we need @SenAlexPadilla to fight S.3538 and demand that we do better than the same old tactics for the same old results.

Survivors, Service providers, Marginalized communities have been asking to stop prioritizing the needs of law enforcement over the needs of vulnerable and victimized people. The #EARNITAct center cops, not care. @SenAlexPadilla @Ossoff - We must do better. 

Sample Language for Direct Outreach (Links, language at the bottom of this page)

Email Sen. Padilla: https://www.padilla.senate.gov/contact/contact-form/

Email Sen. Ossoff: https://www.ossoff.senate.gov/contact-us/

Dear Senator,

We urge you to vote “No” on S. 3538, the EARN IT Act, which is being marked up by the Judiciary Committee on Thursday, Feb 10. This bill uses the same failed tactics of expanding liability for platforms in order to fight harm and victimization, which will only

cause more harm and fail to protect victims of violence. EARN IT takes the same approach as SESTA did in 2018, a bill which led to widespread harm for people who trade sex, and continues to impede sex worker safety, harm reduction and economic security. EARN

IT will only do more of the same, for a wider population.

There are strategies which can support children and youth experiencing sexual abuse and exploitation - more support for vulnerable families, more resources for education, and fully funding services for youth who seek out. Trauma-informed, youth-centered, evidence-based

 answers are not unknown, they’re just under-funded. Please help us do better.

Sincerely,

[Name]