The EARN IT Act allows federal and state governments to prosecute, and victims to sue, a site or service if CSAM is uploaded onto the platform. While the prevention of CSAM is a worthy goal, under the EARN IT Act, a platform may become legally liable for any uploads of illegal content, no matter how aggressively they work to block it.
Though Democrat leadership is putting on a brave face concerning the two primary pieces of President Biden’s domestic policy agenda – the Build Back Better (BBB) package and legislation federalizing much of the national voting regime – it is difficult to see a path forward in an evenly-divided Senate under existing parliamentary rules. Without changing the Senate filibuster – i.e. the requirement that 60 votes are required to end debate and move to a vote on final passage – nine Republicans would have to break ranks and vote with the Dem caucus. This is extremely unlikely.
