'We support curbing the scourge of child exploitation online. However, EARN IT will instead make it harder for law enforcement to protect children. It will also result in online censorship that will disproportionately impact marginalized communities.'
SESTA/FOSTA"has forced sex workers—whether voluntarily engaging in sex work or forced into sex trafficking against their will—offline and into harm's way," the groups noted, citing federal research.
"Everyone who communicates with others on the internet should be able to do so privately. However, this security is especially relied upon by journalists, Congress, the military, domestic violence survivors, union organizers, immigrants, and anyone who seeks to keep their communications secure from malicious hackers," the letter says, emphasizing that abortion patients also rely on the technology, especially since last year's U.S.
If a state law has the effect of compelling providers to monitor or filter their users' content so it can be turned over to the government for criminal prosecution, the provider becomes an agent of the government, and any CSAM it finds could become the fruit of an unconstitutional warrantless search. In that case, the CSAM would properly be suppressed as evidence in a prosecution and the purveyor of it could go free.
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