a Better Bubble™
Senator Richard Blumenthal has now admitted that EARN IT is targeting encryption, something he denied for two years, and then just out and said it.
Since the very beginning many of us have pointed out that the EARN IT Act will undermine encryption (as well as other parts of the internet). Senator Richard Blumenthal, the lead sponsor on the bill, has insisted over and over again that the bill has nothing to do with encryption. Right after the original bill came out, when people called this out, Blumenthal flat out said "this bill says nothing about encryption" and later claimed that "Big Tech is using encryption as a subterfuge to oppose this bill."
That's been his line ever since -- insisting the bill has nothing to do with encryption. And to "show" that it wasn't about encryption, back in 2020, he agreed to a very weak amendment from Senator Leahy that had some language about encryption, even though as we pointed out at the time, that amendment still created a problem for encryption.
The newest version of EARN IT replaced Leahy's already weak amendment with one that is a more direct attack on encryption. But it has allowed slimy "anti-porn" groups like NCOSE to falsely claim that it has "dealt with the concerns about encryption." Except, as we detailed, the language of the bill now makes encryption a liability for any web service, as it explicitly says that use of encryption can be used as evidence that a website does not properly deal with child sexual abuse material.
But still, through it all, Blumenthal kept lying through his teeth, insisting that the bill wasn't targeting encryption. Until yesterday when he finally admitted it straight up to Washington Post reporter Cat Zakrzewski. In her larger story about EARN IT, I'm not sure why Zakrewski buried this point all the way down near the bottom, because this is the story. Blumenthal is asked about the encryption bit and he admits that the bill is targeting encryption:
Blumenthal said in an interview that lawmakers incorporated these concerns into revisions, which prevent the implementation of encryption from being the sole evidence of a company’s liability for child porn. But he said lawmakers wouldn’t offer a blanket exemption to using encryption as evidence arguing companies might use it as a “get-out-of-jail-free card.”
In other words, he knows that the bill targets encryption despite two whole years of blatant denials. To go from "this bill makes no mention of encryption" to "we don't want companies using encryption as a 'get-out-of-jail-free card'" is an admission that this bill is absolutely about encryption. And if that's the case, why have their been no hearings about the impact this would have on encryption and national security? Because, that seems like a key point that should be discussed, especially with Blumenthal admitting this thing that he denied for two whole years.
During today's markup, Blumenthal also made some nonsense comments about encryption:
The treatment of encryption in this statute is the result of hours, days, of consultation involving the very wise and significant counsel from Sen. Leahy who offered the original encryption amendment and said at the time that his amendment would not protect tech companies for being held liable for doing anything that would give rise to liability today for using encryption to further illegal activity. That's the key distinction here. Doesn't prohibit the use of encryption, doesn't create liability for using encryption, but the misuse of encryption to further illegal activity is what gives rise to liability here.
This is, beyond being nonsense word salad, just utterly ridiculous. No one ever said the bill "prohibited" encryption, but that it would make it a massive liability. And he's absolutely wrong that it "doesn't create liability for using encryption" because it literally does exactly that in saying that encryption can be used as evidence of liability.
The claim that it's only the "misuse of encryption" shows that Senator Blumenthal (1) has no clue what he's talking about and (2) needs to hire staffers who actually do understand this stuff, because that's not how this works. Once you say it's the "misuse of encryption" you've sunk encryption. Because now every lawsuit will just claim that any use of encryption is misuse and the end result is that you need to go through a massive litigation process to determine if your use of encryption is okay or not.
That's the whole reason why things like Section 230 are important, because they avoid having every company have to spend over a million dollars to prove that the technical decision they made were okay and not a "misuse." But now if they have to spent a million dollars every time someone sues them for their use of encryption, then it makes it ridiculously costly -- and risky -- to use encryption.
So, Blumenthal is either too stupid to understand how all of this actually works, or as he seems to have admitted to the reporter despite two years of denial, he doesn't believe companies should be allowed to use encryption.
EARN IT is an attack on encryption, full stop. Senator Blumenthal has finally admitted that, and anyone who believes in basic privacy and security should take notice.
Oh, and as a side note, remember back in 2020 when Blumenthal flipped out at Zoom for not offering full end-to-end encryption? Under this bill, Zoom would be at risk either way. Blumenthal is threatening them if they use encryption and if they don't. It's almost as if Richard Blumenthal doesn't know what he's talking about regarding encryption.
Well, for a story that was already over, this became somewhat fascinating. We have followed the Nintendo vs. GilvaSunner war for several years now. The GilvaSunner YouTube channel has long been dedicated to uploading and appreciating a variety of video game music, largely from Nintendo games. Roughly once a year for the past few years, Nintendo would lob copyright strikes at a swath of GilvaSunner "videos": 100 videos in 2019, a bit less than that in 2020, take 2021 off, then suddenly slam the channel with 1,300 strikes in 2022. With that last copyright MOAB, the GilvaSunner channel has been shuttered voluntarily, with the operator indicating that it's all too much hassle.
Well, on the internet, and in our comments on that last post, there began to be speculation as to whether or not it was actually Nintendo behind all of these copyright strikes... or an imposter. Those sleuthing around found little tidbits, such as the name used on the strike not matching up to the names displayed in the past when Nintendo has acted against YouTube videos.
It was... strange. Why? Well, because it looked like many people going out and trying to find a reason to believe that Nintendo wasn't behaving exactly as anyone who had witnessed Nintendo's behavior would expect. If this was someone impersonating Nintendo with these actions, it was utterly indistinguishable from how Nintendo would normally behave. Guys, they do this shit all the time.
And this time too, as it turns out. You can hear it straight from YouTube's mouth.
Jumping in – we can confirm that the claims on @GilvaSunner's channel are from Nintendo. These are all valid and in full compliance with copyright rules. If the creator believes the claims were made in error, they can dispute with these steps: https://t.co/ivyjVNwLVu
— TeamYouTube (@TeamYouTube) February 5, 2022
This is where I will stipulate for the zillionth time that Nintendo is within it's rights to take these actions. But we should also stipulate that the company doesn't have to go this route and the fact that it prioritizes control of its IP in the strictest fashion over letting its fans enjoy some video game music should tell you everything you need to know.
In the meantime, to the internet sleuths: I appreciate your dedication to either Nintendo or to simply digging into these kinds of details for funsies or whatever. That being said, as the old saying goes, if you hear the sound of hooves, assume it's a horse and not a zebra.
You are invited to a Feb. 22, Landlord & Rehabber Training, Funding Sources for RE Acquisition and Rehab, offered online in a Zoom meeting. Register here: https://umsystem.zoom.us/j/99831491897?pwd=ak5oK2FMQXJIQ1hTV0diNkRaSEtId
After registering, you will receive a confirmation email from Zoom. Save that email or copy and paste the information into your calendar. You will need that information to join the February 22 virtual workshop. This session will feature:
Steve Bahru of CIBC, offers FHA, VA, Conventional, and Portfolio mortgage products.
Colleen Hafner of Rise Community Development Financial Institution (CDFI), Rise’s CDFI focuses on lending to small neighborhood-scale real estate developers and minority-owned contractors.
Renden Click of Gateway Neighborhood Fund, offering home purchase and rehab financing for STL city homes in areas where there are appraisal gaps. Gateway Neighborhood Fund is a collaborative initiative between local banks, the City of St. Louis, and community organizations, including EHOC and Justine Petersen - the fund’s administrator.
Odester Saunders, Managing General Partner of LDS Management LLC, offers Logistics, Design, Strategies and Management concepts for planning, funding, marketing and development of residential and commercial Co-Op Ventures(c) with a focus on distressed neighborhoods.
Learn about the various funding sources, as well as 1st time homebuyer down payment assistance.
The 2022 Landlord & Rehabber Training is a Northside-Southside Collaboration between North Newstead Association, The Vacancy Collaborative, and Tower Grove Neighborhoods CDC. This FREE training is open to all landlords, property managers, rehabbers, developers, and interested parties. Zoom is ADA compliant with exceptions. If you need special accommodations, please contact dana@towergrovecdc.org
The goal of the Landlord & Rehabber Training Program is to stabilize our communities by building an eco-system of educated landlords, rehabbers, and small developers empowered to reduce vacancy and nuisance. The program will enlist professionals from real estate, property management, law, accounting, preservation, & finance industries to share their knowledge on acquiring and developing real estate and implementing property management best practices.
This activity is funded by a HUD Community Development Block Grant via the St. Louis Community Development Administration and coordinated by Tower Grove Neighborhoods CDC, North Newstead Association, and The Vacancy Collaborative.
COVID-19 RESOURCES: Tower Grove Neighborhoods CDC has compiled resources for tenants, landlords, and property management during the pandemic – including rent & utility assistance. Review those here:
https://docs.google.com/document/d/17fz2vrAnqJwXWtv_zNIipfNG3uJQylwHDqsk8oTIwlc/edit?usp=sharing
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