In this episode of Cubs Out Loud, it’s time for another Let’s Talk About… This time around, the guys return to a previous conversation regarding the FDA’s recent changes to the “blood ban”. Back during COVID, the ban for men who have sex with men was relaxed somewhat. Now, the ban has been changed again and broadens the ability for MSM to give blood. But are the changes for the better? Listen in as the cubs debate the new changes and discuss the potential benefits it may have for the community at large.
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LTA… The Blood Ban, Again
So the FDA made an announcement about changes to qualifying persons when it comes to donating blood. What exactly is the new deal? And does it benefit the LGBTQIA+ community?
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 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.
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.
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. 9Instead, 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.
9Government 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).
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.
In this episode of Cubs Out Loud, the cubs celebrate the show’s 13th Anniversary! About 13 years ago, a cub named Jeff got some friends together and started this whole shenanigan. Thirteen years later, the show’s still truckin’. Listen in as the guys reminisce on the show’s history and their own grow-ups over the past 13 years.
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In 2008 a little podcast started up and 13 years later, here we are.
In this episode of Cubs Out Loud, it’s time for another All T, No Shade show. This time, the cubs spill the tea on some of the messes in recent weeks among the LGBTQ+ community. From partying during a pandemic to thirsting after terrorists, the guys spare no amount of shade and give their honest opinions about their feelings on this misbehavior.
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From circuit parties, secret orgies, to Puerto Vallarta New Years fallout. What do we think of the ‘misbehavior’ by members of our very own community? How much criticism is fair? Can we do better?
In this episode of Cubs Out Loud, the cubs continue their annual tradition of doing another year in review. And what a year it was!! Listen in as the guys give the stats and dish the dirt on the hell of a year that was 2020.
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2020 Year in Review – we survived!
2 – ATNS
3 – What is. . .
3 – LTAK
4 – LTAS
4 – LoR (new mini-series: Landscape of Relationships)
5 – LTAF (new series: Let’s Talk About Food)
5 – FlashBack episodes
12 – WGO
Non-series topics included: RIP GROWLr?, Return of Bathhouses?, The Blood Ban Issue,
LTA COVID-19, Sex Needs vs COVID-19, COVID-19 & Semen, Aging Cubs, 8th version of Jeff’s BDAY, NCOD, Our Favorite Things, RIP XTube/Pornhub?
Top Downloads:
2020
COL Flashback COL247-1: World Class Kisser Part One – 376
In this episode of Cubs Out Loud, it’s time for another Let’s Talk About… This time around, the guys return to a previous conversation regarding the FDA’s recent changes to the “blood ban”. Back during COVID, the ban for men who have sex with men was relaxed somewhat. Now, the ban has been changed again and broadens the ability for MSM to give blood. But are the changes for the better? Listen in as the cubs debate the new changes and discuss the potential benefits it may have for the community at large.
