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EARN IT Act: Enhanced child protection online and new platform accountability rules.

This Act establishes a National Commission to develop recommended best practices for interactive computer services to prevent and respond to online child sexual exploitation. Crucially, it amends Section 230 of the Communications Act to allow civil and criminal liability for platforms regarding the intentional, knowing, or reckless distribution of child sexual abuse material, while explicitly protecting the use of encryption services. The law also standardizes terminology across federal statutes, replacing 'child pornography' with 'child sexual abuse material'.
Key points
Establishment of a National Commission to create best practices for online platforms on preventing, identifying, and reporting child sexual exploitation (including age gating and parental controls).
Federal law terminology change: 'child pornography' is replaced with 'child sexual abuse material' across numerous U.S. Codes.
Limitation of Section 230 immunity for interactive computer services in civil and criminal cases involving the intentional, knowing, or reckless distribution of child sexual abuse material.
The minimum required preservation period for content reported to the CyberTipline is extended from 90 days to 1 year to aid law enforcement investigations.
Inclusion of a provision ensuring that the use of end-to-end encryption or other encryption services cannot be the sole basis for liability against a service provider.
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Expired
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Additional Information
Print number: 118_S_1207
Sponsor: Sen. Graham, Lindsey [R-SC]
Process start date: 2023-04-19
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Summarized by: gemini-3-pro-preview
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

EARN IT Act of 2023

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 118_S_1207.

Which chamber initiated this legislation?

This legislation was initiated in the Senate.

When did the legislative process begin?

The process officially started on 2023-04-19.

What are the main provisions?

Key points include:

  • Establishment of a National Commission to create best practices for online platforms on preventing, identifying, and reporting child sexual exploitation (including age gating and parental controls).
  • Federal law terminology change: 'child pornography' is replaced with 'child sexual abuse material' across numerous U.S. Codes.
  • Limitation of Section 230 immunity for interactive computer services in civil and criminal cases involving the intentional, knowing, or reckless distribution of child sexual abuse material.
  • The minimum required preservation period for content reported to the CyberTipline is extended from 90 days to 1 year to aid law enforcement investigations.
  • Inclusion of a provision ensuring that the use of end-to-end encryption or other encryption services cannot be the sole basis for liability against a service provider.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Sen. Graham, Lindsey [R-SC].

What is the latest detailed status?

The latest detailed status is: Placed on Senate Legislative Calendar under General Orders. Calendar No. 70.

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-30.

CATEGORIES

Security Courts and Law Informatization