>and then the users of that platform would simply stand out in ISP logs making it actually easier to spot them.
Yeah no.
Encrypted data would still be flowing all over the place, if our bad actors use VPN's to hide their traffic then it would become impossible for ISP's to see what they're doing or using.
In addition, even if you can pinpoint who's using encrypted communications, unless you can prove they're actually engaged in some criminal practice, it won't do you much good. With EARN-IT the responsibility is on the encryption providers, so those two random devs who made the app. You can't tell what the users were talking about since communication is encrypted, you can't really prosecute any of the users for anything besides maybe using those apps if it becomes completely illegal or you can prove that the app is only used by criminals and no one else.
Now you can potentially go after the devs, assuming of course you can figure out who made the app, and assuming these people are in a place where US laws apply. The global nature of the Internet makes things very difficult. If a Swedish team develops and encrypted communication app and distributes it on their website, are they still required to comply with US laws? If they prevent US citizens from downloading the app with geoblocking but people get around it with VPN's, are they still required to comply with US laws?
We don't, we accept that encryption is part of the modern world and learn to live with it. Because there's nothing else you can do about it.
See encryption is just math, and you can't really outlaw or limit how math is used.
If we have bad actors who want to encrypt their communication, they absolutely can with or without this bill.
Even if Whatsapp/Telegram/Whatever has to provide the US government with a backdoor to decrypt all messages, anyone can make their own communication platform and simply not give the government a back door. Implementing secure encryption isn't difficult and it's very easy to research how to accomplish it.
Grab a few devs and they can create a simple encrypted messaging app in a few days.
You don't even need to distribute it through official channels. Android allows you to sideload apps from anywhere and you can jailbreak iPhones to install apps from anywhere. So our bad actors can create secure encrypted communication platforms and distribute them without anyone ever knowing about it.
How will this bill prevent that? How will it prevent a few random developers from whipping up their own apps? How will it make it impossible for anyone, anywhere at any time to implement encryption into any app or platform?
- A ton of cam models have private snapchat accounts where they share porn of themselves
- Reddit is basically a cornucopia of porn
- I can subscribe to a porn email list
- Share nudes to a group of friends on Facebook or even SMS
- I can join a hundred Discord channel to satisfy every single weird ass fetish I have,
- I can outright buy porn from Amazon and have it home delivered in 30 minutes.
And that's just from the top of my head. I'm sure you can find a metric ton of other apps that provide their users with easy access to sexual content. None of those apps will be banned for it since that is not the primary purpose of any of these apps. It's simply something that you're able to do with the tools provided. This is like banning all knives just because someone got stabbed.
If your plan is to ban apps that provide access to pornographic content, then you're gonna have to do a lot of banning.
I would also argue that a public blogsite where tagging and discovering new content is one of the key selling points of the platform, is very different from a Telegram channel where you need to specifically know the channel name to even join. As long as Telegram puts forth their best effort to eliminate illegal content from channels, they should be fine.
So Apple will boot an app that gives users the ability to send adult content to other users....?
That is completely ridiculous and if that is the reason Telegram is policing adult content then Telegram is ran by idiots. You can use any IM app to share adult content, there are plenty of groups on Whatsapp sharing porn, there are plenty of groups in iMessage sharing porn, there are porn accounts on Instagram and twitter, hell the entire reason snapchat even exists is so that you can send self destructing nudes to people.
The idea that an app will be banned due to content shared with people using the app, and not uploaded and/or hosted on some public website accessible to anyone (CP on tumblr) sounds completely ridiculous to me.
Yeah no.
Encrypted data would still be flowing all over the place, if our bad actors use VPN's to hide their traffic then it would become impossible for ISP's to see what they're doing or using.
In addition, even if you can pinpoint who's using encrypted communications, unless you can prove they're actually engaged in some criminal practice, it won't do you much good. With EARN-IT the responsibility is on the encryption providers, so those two random devs who made the app. You can't tell what the users were talking about since communication is encrypted, you can't really prosecute any of the users for anything besides maybe using those apps if it becomes completely illegal or you can prove that the app is only used by criminals and no one else.
Now you can potentially go after the devs, assuming of course you can figure out who made the app, and assuming these people are in a place where US laws apply. The global nature of the Internet makes things very difficult. If a Swedish team develops and encrypted communication app and distributes it on their website, are they still required to comply with US laws? If they prevent US citizens from downloading the app with geoblocking but people get around it with VPN's, are they still required to comply with US laws?