I'm not sure how much this answers your question, but Congress put out a "EARN IT Act Myths and Facts" documents that contains the following text:
> MYTH: The EARN IT Act is simply an attempt to ban encryption.
> FACT: The EARN IT Act does not target, limit, or create liability for encryption or privacy services. In fact, in order to ensure the EARN IT Act would not be misconstrued as limiting encryption, specific protections were included in the bill to explicitly state that a court should not consider offering encryption or privacy services as an independent basis for legal liability.
> MYTH: The EARN IT Act is simply an attempt to ban encryption. > FACT: The EARN IT Act does not target, limit, or create liability for encryption or privacy services. In fact, in order to ensure the EARN IT Act would not be misconstrued as limiting encryption, specific protections were included in the bill to explicitly state that a court should not consider offering encryption or privacy services as an independent basis for legal liability.