Updated: May 23, 2022
What The EARN IT Act Means For Platforms
The EARN IT Act radically changes the way sexually explicit content will be handled online. It strips away good faith or “safe harbor” protections platforms have currently when they moderate for child sex abuse material (CSAM)..
For platforms, this means:
You Can Go To Federal Prison.
You and your employees could be criminally prosecuted if CSAM is uploaded to your website or service:
even if you report and remove it.
even if you have robust age-verification in place.
even if the documents are forged.
even if you moderate and block it before it appears.
You Can Be Sued In Civil Court.
Similarly, you and your employees could be sued by victims if CSAM is uploaded to your platform — even if you’re not aware it’s CSAM. Damages start at around $100K. The cost of defending against complicated litigation like this is even higher.
Your Web Host Will Likely Dump You.
The EARN IT Act removes protections for hosting companies, meaning that many will stop working with adult companies altogether in order to avoid risk. Companies like Amazon Web Services have been specifically targeted.
You Will Likely Lose Your Social Media Accounts…
Without “safe harbor” protections, mainstream platforms are legally liable for every upload. Social media platforms like Twitter and Reddit, which currently allow adult content, would be pressured to ban it completely. No corporate account for you, and no accounts for models or creators.
… As Will Those Who Sell On Your Platform.
This means no traffic and fewer sales.
Learn more about how the EARN IT Act works here.
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