@kaizen
I'm glad to see EFF & EPIC tackling tech and civil rights issues, the ACLU doesn't for lack of tech capabilities, infestation by lawyers and their forms of insanity, and fundraising weasel moves as led to Nitke being shafted by how ACLU left out major elements in their 2 CDA suits. Also useful background would be Christopher M. Fairman's book "Fuck....", and the law journal article leading both to it, and another article on how 98% of law journal editors have personal and/or professional prejudices that leave them incompetent if not maliciously hostile to civil rights key issues. The latter 2 are available free via SSRN, that journal article having been in their top 10 downloads of the year when released, and the book (that every high school student needs as required civics or social studies education, and again at a college or grad level - it has over 2 end notes per page, and so has a LOT of back study or prerequisite knowledge needed for full understanding) via commercial sources or Libgen.
What EARN IT Act may do is an unanswerable question, as it opens doors for both some useful and overdue causes of legal actions against bad net companies, and by devious intent, a greater number of malicious actions by local politicians and prosecutors or third parties, using whatever creative or insane tactics they dream up. That's been a goal of malicious RRR legal operative groups for decades, like NFLF, CDC, and ADF, as local Constitutional violations get less scrutiny that Federal or state ones do. When US Attorney Generals are responsible for civil rights enforcement, Ashcroft, Gonzales, Barr, or Reno, prove we can't trust GOP or Dems. Understanding the issues suggested above can at best hint at what's possible or likely.
