The EARN IT Act Is Unconstitutional: Fourth Amendment

Tags: 2020s Stanford CIS US Congress

Authors: Pfefferkorn, Riana

Published: March 2020

URL: http://cyberlaw.stanford.edu/blog/2020/03/earn-it-act-unconstitutional-fourth-amendment

Abstract: This blog post outlines the argument that proposed legislation entitled the EARN IT Act is unconstitutional on Fourth Amendment Grounds. The Post argues that the Act would require online service providers to actively scan for Child Sexual Abuse Materials, rather than merely reporting it when it is found. By requiring providers to conduct these searches, the providers would become state actors and the searches would require a warrant, and without a warrant, these searches would be unconstitutional under the fourth amendment, and the evidence would be excluded in court proceedings. The post discusses previous child abuse sexual material reporting laws details court cases that have discusses state actor status, and ultimately argues that the law would violate the Fourth Amendment.