From the EFF (a civil liberties organization, not a tech company) coverage:
> We’ve explained how the EARN IT Act could be used to drastically undermine encryption. Although the bill doesn’t use the word “encryption” in its text, it gives government officials like Attorney General William Barr the power to compel online service providers to break encryption or be exposed to potentially crushing legal liability.
> The bill also violates the Constitution’s protections for free speech and privacy. As Congress considers the EARN IT Act—which would require online platforms to comply with to-be-determined “best practices” in order to preserve certain protections from criminal and civil liability for user-generated content under Section 230 (47 U.S.C. § 230)—it’s important to highlight the bill’s First and Fourth Amendment problems.
> could be used to drastically undermine encryption
That doesn't mean that is what's going to happen. The potential actions to be taken would still take in recommendations from provider input as stated in the bill. All the chatter online seems to speak definitively as if is the latter.
I don't disagree that there is only a probability, but I think you are ignoring the very likely possibility that this is part of a multi-facet pressure campaign on social media companies by this president, his attorney general, and the Congress critters who are sponsoring this legislation.
Using vague wording in legislation is a "bad code smell". Giving the authority to the DoJ (who is both a partisan, nominated official, and is very biased in the prosecution of those whoa re accused of breaking this law. I don't put any credence in "still take in recommendations from provider input"; I assume Congress and the DoJ can ignore any and all feedback if they choose to make a partisan show of a specific case/issue (and they have when it comes to encryption unlocking phones of terrorists, child sexual abusers, and drug dealers).
> We’ve explained how the EARN IT Act could be used to drastically undermine encryption. Although the bill doesn’t use the word “encryption” in its text, it gives government officials like Attorney General William Barr the power to compel online service providers to break encryption or be exposed to potentially crushing legal liability.
> The bill also violates the Constitution’s protections for free speech and privacy. As Congress considers the EARN IT Act—which would require online platforms to comply with to-be-determined “best practices” in order to preserve certain protections from criminal and civil liability for user-generated content under Section 230 (47 U.S.C. § 230)—it’s important to highlight the bill’s First and Fourth Amendment problems.
[1] https://www.eff.org/deeplinks/2020/03/earn-it-act-violates-c...