S1207-118

Reported

To establish a National Commission on Online Child Sexual Exploitation Prevention, and for other purposes.

118th Congress Introduced Apr 19, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The EARN IT Act of 2023 creates a 19-member National Commission to develop voluntary best practices for tech platforms to prevent online child sexual exploitation. It amends Section 230 of the Communications Act to allow civil and criminal liability for platforms that knowingly facilitate child sexual abuse material, while protecting end-to-end encryption. It also modernizes the CyberTipline reporting system and updates federal law to use the term child sexual abuse material instead of child pornography.

Who Benefits and How

Child victims of online sexual exploitation benefit through stronger legal tools for pursuing civil claims against platforms and improved CyberTipline reporting. Law enforcement agencies benefit from modernized reporting infrastructure, better data for identifying victims, and dedicated IT solutions funding of at least 1 million dollars annually. Prosecutors gain new ability to bring state-level charges against platforms for CSAM violations.

Who Bears the Burden and How

Interactive computer service providers (tech platforms) face new potential civil and criminal liability for child sexual abuse material on their platforms, must invest in compliance with recommended best practices, and must improve CyberTipline report formatting and content preservation. Platforms must balance these requirements while the bill explicitly protects their right to use end-to-end encryption.

Key Provisions

  • Creates 19-member bipartisan National Commission to develop voluntary best practices for preventing online child exploitation
  • Amends Section 230 to remove immunity shield for CSAM-related civil and criminal claims while protecting encryption
  • Modernizes CyberTipline to require better victim-identifying information and extends content preservation from 90 days to 1 year
  • Authorizes at least 1 million dollars annually for IT solutions to combat online child exploitation
  • Replaces term child pornography with child sexual abuse material across federal statutes

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes a National Commission on Online Child Sexual Exploitation Prevention to develop best practices for interactive computer services, modifies Section 230 immunity to allow state and federal claims related to child sexual abuse material, and modernizes the CyberTipline reporting system.

Key Policy Areas

Technology Regulation, Child Safety, Criminal Justice

Primary Purpose

Establishes a National Commission on Online Child Sexual Exploitation Prevention to develop best practices for interactive computer services, modifies Section 230 immunity to allow state and federal claims related to child sexual abuse material, and modernizes the CyberTipline reporting system.

Policy Domains

Technology Regulation Child Safety Criminal Justice

EARN IT Act of 2023

Identified Gains
Contextual inference, no direct clause citation
  • Child victims of online sexual exploitation
  • Law enforcement agencies (ICAC task forces, FBI, DHS)
  • State attorneys general and prosecutors
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Interactive computer service providers (tech platforms)
  • Federal agencies administering the commission
Model: N/A | Version: bill_summary_v2 | Source: rs

Contextual inference, no direct clause citation

Legislative Progress

Reported
Introduced Committee Passed
May 15, 2023

Reported by Mr. Durbin, with amendments

Apr 19, 2023

Mr. Graham (for himself, Mr. Blumenthal, Mr. Grassley, Mr. Durbin, …

Apr 19, 2023

Mr. Graham (for himself, Mr. Blumenthal, Mr. Grassley, Mr. Durbin, …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Technology
7 mentions across 5 clauses
+2 positive -4 negative ?1 uncertain

Encryption technology providers, IT solutions vendors for law enforcement, Interactive computer service providers (tech platforms)

Positive-direction: Encryption technology providers, IT solutions vendors for law enforcement

Negative-direction: Interactive computer service providers (tech platforms)

Government
5 mentions across 5 clauses
+3 positive -2 negative

Federal government, Federal government (DOJ, DHS, FTC), Law enforcement agencies

Positive-direction: Law enforcement agencies, Law enforcement agencies (ICAC task forces)

Negative-direction: Federal government, Federal government (DOJ, DHS, FTC)

General Public
2 mentions across 2 clauses
+2 positive

Child sexual exploitation victims

Non-Profit
1 mention across 1 clause
-1 negative

National Center for Missing & Exploited Children

1/12
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Technology Regulation Child Safety Criminal Justice
Actor Mappings
"the_commission"
→ National Commission on Online Child Sexual Exploitation Prevention
"the_administrator"
→ Administrator of OJJDP (Office of Juvenile Justice and Delinquency Prevention)
"the_attorney_general"
→ Attorney General of the United States

Key Definitions

Terms defined in this bill

2 terms
"interactive computer service" §2

Has the meaning given in section 230(f)(2) of the Communications Act of 1934

"Commission" §2b

The National Commission on Online Child Sexual Exploitation Prevention

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology