From Center for Democracy & Technology:

The day before the committee debate, the authors of the EARN IT Act introduced an amendment that significantly changed the bill, but failed(1) to(2) resolve(3) its fundamental flaws(4). Senator Leahy (D-VT) also introduced and secured an amendment that seeks to prevent EARN IT from precluding a provider from offering encrypted services. With little time for members to consider the changes made to the bill, and on the day before a holiday, the amended version of the bill passed out of the Senate Judiciary Committee and now awaits consideration by the whole of the Senate (potentially through unanimous consent, which Senator Wyden [D-Or] has pledged to block, an act we applaud). Despite the changes made, we are still staunchly opposed to the bill. It would still significantly burden the free expression rights of users of interactive computer services—particularly of marginalized communities; it still jeopardizes the ability of service providers to provide encrypted services; and creates a new set of Fourth Amendment problems. We discuss the latter two issues in greater detail below.