Tag Archives: pornhub

COL638: EARN IT Act 2022

In this episode of Cubs Out Loud, remember SESTA-FOSTA from 2018? Well, learn more about their newest family member EARN IT in this informative talkback. Listen in as the cubs share their opinions on the next “problem solving” legislation to combat the exploitation of those special victims. Is it really helpful or is it more harmful?

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Remember FOSTA-SESTA? Meet their newborn cousin, EARN IT Act 2022

THE 2020 PREVIOUS VERSION: 

The Amended EARN IT Act Is a Tool for Censorship.

The Supreme Court has long recognized that the Constitution forbids laws having the collateral effect of disproportionately censoring legal speech.3  By allowing states to lower the standards for liability even further than SESTA/FOSTA, the amended EARN IT Act would create just such an impermissible collateral effect and presents even graver risks to online expression than SESTA/FOSTA, especially for the LGBTQ and sex worker communities.

As we said in our previous letter, the aftermath of the passage of SESTA/FOSTA,4 which eliminated Section 230’s liability shield for content related to sex trafficking, makes the overbroad implications for online speech clear.5  Even if the speech covered by the law could be restricted without raising constitutional concern, the content moderation practices the companies will deploy to avoid liability risk will sweep far more broadly than the illegal content.6  SESTA/FOSTA was intended to protect people engaged in sex work from being trafficked against their will. It has, instead, sent them back out into the streets and made them less safe.7  Moreover, the platforms’ content moderation practices have disproportionately silenced the LGBTQ community, making it more difficult for them to come together and create community online.8 Under the amended EARN IT Act, Section 230’s shield for all state criminal and civil aws “regarding the advertising, promotion, presentation, distribution, or solicitation” of CSAM, as that term is defined by federal law, would be eliminated, permitting states to assign liability for negligence or recklessness. In other words, states would be able to go even further than SESTA/FOSTA in lowering the standards for liability for platforms.

THE 2022 CURRENT VERSION: 

Eliminating Abusive and Rampant Neglect of Interactive Technologies Act of 2022 or the EARN IT Act of 2022

This bill revises the federal framework governing the prevention of online sexual exploitation of children.

The bill establishes the National Commission on Online Child Sexual Exploitation Prevention. The commission must develop best practices for interactive computer services providers (e.g., Facebook and Twitter) to prevent, reduce, and respond to the online sexual exploitation of children.

Additionally, the bill limits the liability protections of interactive computer service providers with respect to claims alleging violations of child sexual exploitation laws.

The bill replaces various statutory references to child pornography and material that contains child pornography with child sexual abuse material.

Finally, the bill makes changes to the reporting requirements for electronic communication service providers and remote computing service providers (providers) who report apparent instances of crimes involving the sexual exploitation of children to the National Center for Missing and Exploited Children. Among the changes, the bill requires providers to report facts and circumstances sufficient to identify and locate each minor and each involved individual. The bill also increases the amount of time that providers must preserve the contents of a report.

The EARN IT Act Threatens Free Expression

Looking to the past as prelude to the future, the only time that Congress has limited Section 230 protections was in the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (SESTA/FOSTA). That law purported to protect victims of sex trafficking by eliminating providers’ section 230 liability shield for “facilitating” sex trafficking by users. According to a 2021 study by the US Government Accountability Office, however, the law has been rarely used to combat sex trafficking. 9 Instead, it has forced sex workers, whether voluntarily engaging in sex work or forced into sex trafficking against their will, offline and into harm’s way.10 It has also chilled their online expression generally, including the sharing of health and safety information, and speech wholly unrelated to sex work.11 Moreover, these burdens fell most heavily on smaller platforms that either served as allies and created spaces for the LGBTQ and sex worker communities or simply could not withstand the legal risks and compliance costs of SESTA/FOSTA.12 Congress risks repeating this mistake by rushing to pass this misguided legislation, which also limits Section 230 protections.

9 Government Accountability Office. (2021). Sex Trafficking: Online Platforms and Federal prosecutions. (GAO Publication No. 21-385),   (reporting that the Department of Justice had brought just one case under FOSTA, which at the time of the Report remained in court with no restitution sought, and that only one individual had pursued civil damages, in a case that was dismissed).

10 See Online Platforms and Sex Worker Discrimination, Hacking//Hustling (last visited Feb. 3, 2022), (continuously updated document listing companies, institutions, and products “that in some way discriminate or ban sex work or adult products OR have been shut down completely following increased anti-sex work legislation”); LaLa B Holston-Zannell, PayPal and Venmo are Shutting Out Sex Workers, Putting Lives and Livelihoods at Risk, ACLU (06/23/2021),

11 See, e.g., Amanda Waltz, Sex workers in Pittsburgh discuss local impact of damaging anti-trafficking law FOSTA-SESTA, Pittsburgh City Paper (08/07/2021), (quoting a researcher at the University of Pittsburgh describing how SESTA/FOSTA has led platforms to suppress the political speech of sex workers, including online organizing efforts); Jessica Stoya, What We Can Really Learn From the OnlyFans Debacle, Slate (08/25/2021),  (describing how SESTA/FOSTA led platforms to “decimate” online sex worker spaces—“from bad-date lists that providers use to warn one another about dangerous clients to Instagram hashtags where we’d organized to fight the very law causing these problems”).

 

12 See Danielle Blunt and Ariel Wolf, Erased The Impact of FOSTA-SESTA, Hacking//Hustling (2020),; Makena Kelly, Democrats want data on how sex workers were hurt by online crackdown, The Verge (12/17/2019)

The EARN IT Act Jeopardizes the Security of Our Communications

The EARN IT Act Risks Undermining Child Abuse Prosecutions

The EARN IT Act would have devastating consequences for everyone’s ability to share and access information online, and to do so in a secure manner. We urge you to oppose this bill. Congress should instead consider more tailored approaches to deal with the real harms of CSAM online.

 

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COL608: ATNS: Goodbye XTube

In this episode of Cubs Out Loud, it’s another All T, No Shade show. This time around, the cubs express their opinions on the recent decision of XTube to shutdown its site in September 2021. After 13 years of providing user-created adult content, how have recent legal allegations and other factors affected the site? The guys give their thoughts on this question and more.

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ATNS: Goodbye XTube

At the beginning of July 2021, the online adult video community found itself suddenly facing the news that XTube.com announced that it will be no longer operational as of September 5th.  In COL582, we discussed the potential end of PornHub and… XTube. Just over six months later, this news brings further attention to the intersection of pornography, human trafficing, and illegal uploaded content. 

 

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COL602: LTAS: JustForFans / OnlyFans

In this episode of Cubs Out Loud, the cubs get sexy online. For this installment of Let’s Talk About Sex, the guys discuss the creator-driven content sites such as OnlyFans and JustForFans and their recent uptick in popularity during the pandemic, particularly for those wishing to share their body positivity and other sexual exploits for profit. As the guys share their thoughts on these sites and their popularity, what kind of impact is this having on traditional pornography? Is this another fad or the eventual evolution of the porn industry?

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Lets Talk About Sex: JustForFans / OnlyFans

The COVID-19 pandemic in 2020 shifted the world economy in serious ways. Prior to the global pandemic, the landscape of self-promotion as an artist was already taking off in the digital realm. Social media platforms like Twitter, Facebook, and YouTube rose to the top of the field. However these entities expend a lot of effort, time, and energy to limit access or remove adult content out of their own legal protective interests. Sites like XTube have recently taken actions that have limited adult content creators options. 

Now it’s 2021 and over that past year it appears that the LGBTQIA broader community has become more familiar and possibly comfortable with sites like JustFor.Fans and OnlyFans.com as platforms where personal freedoms are housed for body positivity, sexual expression, art/modeling, and more. 

What do we think about this development? How much have these options helped people financially through the past year plus? Is this a natural evolution while portions of society struggle with conservative vs progressive viewpoints? 

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COL582: R.I.P. XTube/Pornhub?

In this episode of Cubs Out Loud, the guys get together to discuss the actions by porn sites such as XTube and Pornhub and their sudden removal of many users’ content without any warning. From what this means for your free porn material to another potential mass exodus, listen in as the cubs break down the situation and share their thoughts on what happened.

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Suddenly thousands, if not millions, of horrified moans came across the interwebs as two popular online porn sites removed most of their content and user accounts. 

Past/similar discussions:

Articles:

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COL561: LTAS: Asking and Receiving

In this episode of Cubs Out Loud, it’s time for another Let’s Talk About Sex! For this episode, the guys are joined again by COL Sex Therapist Edward Angelini-Cooke to discuss the concept of asking and receiving. As we explore romantic relationships, the cubs review negotiations, consent, and getting your needs met and fulfilled. Also sandwiches, pizzas, and tea and what they mean in the grand scheme of things (Don’t worry Gary, there’s no food play involved).

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Let’s Talk About Sex – Asking and Receiving

  • Why is it so hard to ask for something during sex?
  • Are you being rude if you don’t show appreciation for the other participant during sex?
  • What do you do if you wanted a blow job but they aren’t doing that thing that you really like when you are getting a blowjob?  You know that thing…

The Good Touch Games….Drenched Fur….Gabe and Edward

Consent 

  • “An agreement between two parties who are about to engage in sexual activity”-RAINN
  • Consent is just as much about no as it is about yes.  
  • Consent is about both parties getting what they want
  • Consent Tea Video 

Asking 

    • Asking leads to intimacy

Receiving 

  • Periodic Checking in (Verbal and non-verbal)
  • How to receive (Compliment Sandwich)
  • Show appreciation 
  • Room for improvement 
  • Show appreciation again
  • Repeat till orgasm (if that is what you want on your pizza)

NPR Safe Sex Communication Skills and COVID-19 Social Bubbles

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