Joint Letter Urging New York’s Senate Delegation to Stand In Solidarity with LGBTQ+ New Yorkers and Oppose the EARN IT Act S.3398

Senator Chuck Schumer
Senator Kirsten Gillibrand

Dear Senators:

The undersigned organizations are dedicated to fighting for the rights, liberty, and empowerment of LGBTQ+ New Yorkers. As such, we urge you to oppose the latest iteration of the “Eliminating Abuse and Rampant Neglect of Interactive Technology Act,” or “EARN IT” Act, which could severely curtail liability protection for online platforms under Section 230 of the Communications Decency Act. This could force platforms to censor or completely eliminate sex-related online content, which the most marginalized LGBTQ+ community members rely on, including sex workers. Further, EARN IT enables states to impose liability standards that would force platforms to eliminate or severely weaken encryption, destroying the ability of LGBTQ+ communities to communicate online without fear of intrusion by the government or hackers.

The internet revolutionized how LGBTQ+ people access information and connect with their peers. Many queer and transgender people do not have family or friends that they can freely speak with, and the internet has significantly expanded their network. As a result, LGBTQ+ people can access information about their gender orientation and expression, speak with similarly situated people so that they do not feel isolated, and share tips with their peers about LGBTQ+ affirming healthcare and other services.

Moreover, the internet is a valuable medium for LGBTQ+ people to politically organize around community issues. Unfortunately, if the EARN IT Act requires platforms to choose between being a resource for vulnerable communities or risking liability for harmful content like child sexual abuse material, platforms will undoubtedly choose the latter, censoring potentially all content that could be perceived as sex-related.

For LGBTQ+ sex workers, free speech and encryption are invaluable lifelines that enable workers to keep eachother safe. LGBTQ+ young people are eight times more likely than their counterparts to trade sex for survival than other young people. There are numerous structural and societal reasons as to why LGBTQ+ people engage in consensual sex work, and it is imperative that they have tools to keep themselves safe.

Sex workers use online platforms to develop networks to identify dangerous clients, share safety strategies, and connect eachother with medical services, legal help, and other resources. With the passage of SESTA, many of the platforms sex workers used to screen clients, share information, and keep eachother safe disappeared. Under EARN IT, states could eliminate the remaining platforms sex workers rely on, and undermining encryption would make the remaining platforms so insecure that they would be useless.

LGBTQ+ New Yorkers have made tremendous progress at the federal and state levels, and we are fortunate to have Senators that support the community. EARN IT would have disastrous effects on the most marginalized members of the queer and transgender community. It is imperative that our Senators stand with us, and oppose this bill. EARN IT purports to eliminate child exploitation. The government has powerful laws that it could use for this purpose that do not undermine online speech and privacy.

  • Decrim NY Equality New York GLITS, Queens, NY

  • Jim Owles Liberal Democractic Club

  • Lambda Independent Democrats of Brooklyn

  • Lesbian and Gay Democractic Club of Queens

  • Queeramisu - LGBTQ People of Color For Equality

  • Sex Workers Project at the Urban Justice Center

  • Sex Workers Outreach Project - Brooklyn (SWOP Brooklyn)

  • SOAR Institute, Brooklyn, NY

  • The Kink-Collective

  • Trans Folx Fighting Eating Disorders (sponsored by The T Spot)

  • Transgender Equity Consulting

  • UAW Local 2325 - Association of Legal Aid Attorneys

Jim Owles Liberal Democratic Club