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Dianne Feinstein's reply to constituents' opposition to EARN IT act

203 点作者 hkmurakami大约 5 年前

20 条评论

jamilbk大约 5 年前
Sigh, another feel-good law being proposed with no consideration for second or third order effects.<p>Tech companies would be required to police their systems for this data. There’s no good automated way to do this, so an army of compliance workers would be needed if you have a non-trivial amount of content on your platform. For small tech companies, this would be prohibitively expensive.<p>Then there’s the 800lb gorilla in the room: the encryption issue. How can a company police its content if it doesn’t know what it is? Are we really suggesting that every end-to-end encryption technology be nuked in favor of “saving the children?” How many children will it really save? And how many others will it endanger in oppressive, dictatorial regimes? Not to mention the myriad other criminals seeking to exploit unencrypted and non-private technologies?<p>This is akin to vehicle manufacturers being required to monitor the audio of vehicle occupants at all times in case a rape occurs.<p>“Think of the children.” This is one of the oldest tricks in the book. It’s disgusting.<p>I’m counting the days until Feinstein leaves office. EARN IT causes more harm than good.
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jjk166大约 5 年前
&gt; I was deeply disturbed by recent reporting by The New York Times about the nearly 70 million online photos and videos of child sexual abuse that were reported by technology companies last year.<p>If the tech companies are reporting 70 million photos and videos, doesn&#x27;t that mean current measures are already effective at finding and reporting massive quantities of child sexual abuse content? It&#x27;s like complaining about firefighters putting out too many fires - even if there is some real problem causing an excessive amount of fires to start, there&#x27;s no reason to interfere with the firefighters successfully combatting the problem.<p>It is quite frightening that the bill&#x27;s prominent supporters won&#x27;t list even a single problem with the current system that they hope their new &quot;best practices&quot; would rectify.
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CarVac大约 5 年前
I got a very similar reply from Bob Menendez.<p>&gt;Thank you for contacting me to express your concern for the Eliminating Abusive and Rampant Neglect of Interactive Technologies (EARN IT) Act. Your opinion is very important to me, and I appreciate the opportunity to respond to you.<p>The EARN IT Act would amend Section 230 of the Communications Decency Act to require companies to “earn” their liability protection for violations of laws related to the trafficking of child sexual abuse material. The EARN IT Act lays out best practices for companies to maintain immunity from child sexual abuse material statutes and bolsters enforcement if companies choose not to comply with the practices. The companies would not lose Section 230 protections for other content like defamation and threats.<p>&gt; As someone concerned about internet freedom, you will be pleased to know that I am an original cosponsor of the Save the Internet Act. This bill would remand the Commission back to its February 2015 ruling protecting and promoting an open internet and make the net neutrality permanent. This bill would also prevent the Federal Communications Commission from reissuing any rulings or orders unless specifically authorized by law.<p>&gt; I also voted for S. J. Res. 52, a Congressional Review Act (CRA) resolution which would reverse the December 14, 2017 vote by the Federal Communications Commission to repeal the Open Internet Order of 2015. The resolution, which I cosponsored, passed the Senate on May 16, 2018. In addition to cosponsoring the CRA, I cosigned a letter to FCC Chairman Ajit Pai opposing the FCC’s vote to eliminate net neutrality. Access to information and open communications are critical to maintaining democratic internet practices, supporting small businesses, and protecting consumers. The EARN IT Act was introduced in the Senate Judiciary Committee, and although I am not a member of this Committee, please know that I will keep your views in mind in the future.
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zmmmmm大约 5 年前
As far as form letters go it&#x27;s not too bad ... but I thought this was surprisingly frank and undermined any note of reason she was trying to strike:<p>&gt; Media reports, however, make it clear that ....<p>So she admits they had no basis for these laws other than some news articles? It seems crazy they&#x27;d shift fundamental aspects of how the internet works with no more basis than some media reports.
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echelon大约 5 年前
Is this horrid bill going to pass? Do we stand any chance in getting this canned like SOPA&#x2F;PIPA, or is the coronavirus too big of a distraction?<p>Shame on these folks for using this crisis to shove this into our legal framework. This is tyranny.
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einpoklum大约 5 年前
Think of the children! ...<p>Don&#x27;t let them grow up in a police state where the government spies on their conversations and whereabouts, forever.<p>On the other hand, _do_ enact universal healthcare in the US, so that they get decent medical care when they&#x27;re sick. But as we all know - Mrs. Feinstein is definitely _against_ that.
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pfortuny大约 5 年前
Totally void of content. Think of the children sweetness, no proper legal, civil or even political reasoning.<p>Just: hey, you must agree if you are not a pedophile.
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nichohel大约 5 年前
Summary: FOR THE CHILDREN!!!
paypalcust83大约 5 年前
Orwellian.<p>Similar &quot;but the children&quot; fallacious legislation BS took down Craigslist&#x27;s personals section.<p>This makes encrypted, zero-knowledge customer data an insurance liability.<p>Porn is next. And then the regulation of abortion and consensual sex between adults. Oh wait, the first is already happening.<p>Next will be individual social media licensure, individual journalism licensure, and internet licensure... &quot;it&#x27;s a privilege, not a right&quot; they will say.<p>Watch when the wealthy elites begin to lose their grip on power from below, the restrictions on freedoms, eliminations of rights, and sanctioning of more abuse and violence against dissidents will accelerate markedly. If the people cede one inch, they will take a mile and never give it back without a revolution.
darawk大约 5 年前
Dianne Feinstein is the absolute worst, especially on these issues, but also many others. I don&#x27;t know how she keeps getting elected. Here&#x27;s a quick rundown:<p>Feinstein on internet freedom and free speech:<p>* Feinstein was the original Democratic co-sponsor of a bill to extend the USA PATRIOT Act.<p>* In 2012, Feinstein voted for the extension of the Patriot Act and the FISA provisions.[41]<p>* On May 12, 2011, Feinstein co-sponsored PIPA.<p>* Following her 2012 vote to extend the Patriot Act and the FISA provisions,[41] and after the 2013 mass surveillance disclosures involving the National Security Agency (NSA), Feinstein promoted and supported measures to continue the information collection programs<p>* She was the main Democratic sponsor of the failed 2006 constitutional Flag Desecration Amendment.[43]<p>* In 2010, Feinstein voted in favor of unilateral US censorship of the Internet by voting in favor of COICA<p>* In 2013, Feinstein called for the immediate extradition and arrest of Edward Snowden<p>* Feinstein has supported Hollywood and the content industry when it has come into conflict with technology and fair use on intellectual property issues. In 2006, she co-sponsored the &quot;PERFORM Act&quot;, or the &quot;Platform Equality and Remedies for Rights Holders in Music Act of 2006&quot;, in the Senate, which would require satellite, cable and internet broadcasters to incorporate digital rights management technologies into their transmission<p>Feinstein on marijuana:<p>* Feinstein has a &quot;C-&quot; rating from NORML for her voting history regarding cannabis-related causes. She considers marijuana a &quot;gateway drug&quot;, and has opposed the legalization of medical marijuana without further research<p>* Feinstein voted in support of legislation to override a Department of Veterans Affairs&#x27; prohibition on allowing doctors to recommend cannabis to veterans in states that sanction its use as a medicine.<p>Supporting pork-barrel farm subsidies for her constituents:<p>* In March 2019, Feinstein was one of thirty-eight senators to sign a letter to United States Secretary of Agriculture Sonny Perdue warning that dairy farmers &quot;have continued to face market instability and are struggling to survive the fourth year of sustained low prices&quot; and urging his department to &quot;strongly encourage these farmers to consider the Dairy Margin Coverage program.<p>Not understanding how markets work:<p>* In May 2011, Feinstein was one of seventeen senators to sign a letter to Commodity Futures Trading Commission Chairman Gary Gensler requesting a regulatory crackdown on speculative Wall Street trading in oil contracts, asserting that they had entered &quot;a time of economic emergency for many American families&quot; while noting that the average retail price of regular grade gasoline was $3.95 nationwide. The senators requested that the CFTC adopt speculation limits in regard to markets where contracts for future delivery of oil are traded<p>Knowingly employing Chinese spies:<p>* On July 27, 2018, reports surfaced that a Chinese staff member who worked as Feinstein&#x27;s personal driver, gofer and liaison to the Asian-American community for 20 years, was caught reporting to China&#x27;s Ministry of State Security.[95][96] According to the reports, Feinstein was contacted by the FBI five years ago warning her about the suspected employee. The employee was later interviewed by authorities and forced to retire by Feinstein.[97] No criminal charges were filed against the individual.[95]<p>Sourced from:<p><a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Dianne_Feinstein#Political_positions" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Dianne_Feinstein#Political_pos...</a> <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Political_positions_of_Dianne_Feinstein" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Political_positions_of_Dianne_...</a><p>Please stop electing this woman.
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LatteLazy大约 5 年前
Thank you for your letter. I haven&#x27;t read it and won&#x27;t be answering any of your questions or concerns. Here is some bs from a pre approved press release about how great I am and why this is important. You are important to me, which is why I haven&#x27;t read this and won&#x27;t be reading it, now be quite while the adults make decisions that will wreck your life.
alexfromapex大约 5 年前
There should be an age cut off where politicians aren’t allowed to create Internet legislation.
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0_gravitas大约 5 年前
A politician spouting empty words, imagine that.
jackjeff大约 5 年前
I’m amazed by <i>how</i> vague this law is. Basically it all depends on what the National Commission decides later on. It could be as simple as a checkbox or some kind of crazy filter database thing... who knows... no doubt it’ll keep changing and be a good opportunity to make money for some.<p>Also what are companies going to do once they find such material? Just remove it from their platform and sweep it under the carpet?
deftturtle大约 5 年前
I emailed her in response to the Snowden revelations back in 2013. I noticed some similarities in her format. Here&#x27;s what she emailed back:<p>------<p>Dear Cale:<p>I received your communication indicating your concerns about the two National Security Agency programs that have been in the news recently. I appreciate that you took the time to write on this important issue and welcome the opportunity to respond.<p>First, I understand your concerns and want to point out that by law, the government cannot listen to an American&#x27;s telephone calls or read their emails without a court warrant issued upon a showing of probable cause. The programs that were recently disclosed have to do with information about phone calls – the kind of information that you might find on a telephone bill – in one case, and the internet communications (such as email) of non-Americans outside the United States in the other case. Both programs are subject to checks and balances, and oversight by the Executive Branch, the Congress, and the Judiciary.<p>As Chairman of the Senate Intelligence Committee, I can tell you that I believe the oversight we have conducted is strong and effective and I am doing my level best to get more information declassified. Please know that it is equally frustrating to me, as it is to you, that I cannot provide more detail on the value these programs provide and the strict limitations placed on how this information is used. I take serious my responsibility to make sure intelligence programs are effective, but I work equally hard to ensure that intelligence activities strictly comply with the Constitution and our laws and protect Americans&#x27; privacy rights.<p>These surveillance programs have proven to be very effective in identifying terrorists, their activities, and those associated with terrorist plots, and in allowing the Intelligence Community and the Federal Bureau of Investigation to prevent numerous terrorist attacks. More information on this should be forthcoming.<p>· On June 18, 2003, the Director of the National Security Agency (NSA) testified to the House Intelligence Committee that there have been &quot;over 50 potential terrorist events&quot; that these programs helped prevent.<p>· While the specific uses of these surveillance programs remain largely classified, I have reviewed the classified testimony and reports from the Executive Branch that describe in detail how this surveillance has stopped attacks.<p>· Two examples where these surveillance programs were used to prevent terrorist attacks were: (1) the attempted bombing of the New York City subway system in September 2009 by Najibullah Zazi and his co-conspirators; and (2) the attempted attack on a Danish newspaper that published cartoons of the Prophet Mohammed in October 2009 by U.S. citizen David Headley and his associates.<p>· Regarding the planned bombing of the New York City subway system, the NSA has determined that in early September of 2009, while monitoring the activities of Al Qaeda terrorists in Pakistan, NSA noted contact from an individual in the U.S. that the FBI subsequently identified as Colorado-based Najibullah Zazi. The U.S. Intelligence Community, including the FBI and NSA, worked in concert to determine his relationship with Al Qaeda, as well as identify any foreign or domestic terrorist links. The FBI tracked Zazi as he traveled to New York to meet with co-conspirators, where they were planning to conduct a terrorist attack using hydrogen peroxide bombs placed in backpacks. Zazi and his co-conspirators were subsequently arrested. Zazi eventually pleaded guilty to conspiring to bomb the NYC subway system.<p>· Regarding terrorist David Headley, he was also involved in the planning and reconnaissance of the 2008 terrorist attacks in Mumbai, India that killed 166 people, including six Americans. According to NSA, in October 2009, Headley, a Chicago businessman and dual U.S. and Pakistani citizen, was arrested by the FBI as he tried to depart from Chicago O&#x27;Hare airport on a trip to Europe. Headley was charged with material support to terrorism based on his involvement in the planning and reconnaissance of the hotel attack in Mumbai 2008. At the time of his arrest, Headley and his colleagues were plotting to attack the Danish newspaper that published the unflattering cartoons of the Prophet Mohammed, at the behest of Al Qaeda.<p>Not only has Congress been briefed on these programs, but laws passed and enacted since 9&#x2F;11 specifically authorize them. The surveillance programs are authorized by the Foreign Intelligence Surveillance Act (FISA), which itself was enacted by Congress in 1978 to establish the legal structure to carry out these programs, but also to prevent government abuses, such as surveillance of Americans without approval from the federal courts. The Act authorizes the government to gather communications and other information for foreign intelligence purposes. It also establishes privacy protections, oversight mechanisms (including court review), and other restrictions to protect privacy rights of Americans.<p>The laws that have established and reauthorized these programs since 9&#x2F;11 have passed by mostly overwhelming margins. For example, the phone call business record program was reauthorized most recently on May 26, 2011 by a vote of 72-23 in the Senate and 250-153 in the House. The internet communications program was reauthorized most recently on December 30, 2012 by a vote of 73-22 in the Senate and 301-118 in the House.<p>You may be interested to know that the Senate Intelligence Committee will be proposing changes to these programs to ensure transparency and to make public additional facts. Attached to this letter is an opinion piece (<a href="http:&#x2F;&#x2F;tinyurl.com&#x2F;NSA-OpEd" rel="nofollow">http:&#x2F;&#x2F;tinyurl.com&#x2F;NSA-OpEd</a>) I authored in the Washington Post on July 30, 2013 that further highlights our proposed changes. While I very much regret the disclosure of classified information in a way that will damage our ability to identify and stop terrorist activity, I believe it is important to ensure that the public record now available on these programs is accurate and provided with the proper context.<p>Again, thank you for contacting me with your concerns and comments. I appreciate knowing your views and hope you continue to inform me of issues that matter to you. If you have any additional questions or concerns, please do not hesitate to contact my office in Washington, D.C. at (202) 224-3841.<p>Sincerely yours,<p>Dianne Feinstein United States Senator
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pmiller2大约 5 年前
Somebody needs to primary her.
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fulafel大约 5 年前
What would happen to non-US based platforms? Could this lead to offshoring of social media or does the bill cover this case somehow?
sitkack大约 5 年前
The horseshoe theory comes full circle as both the left and the right despise her.
Simulacra大约 5 年前
FYI: This was carefully written by a professional legislative correspondent.
anonymousiam大约 5 年前
Obligatory Franklin quote: “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”
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