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Corey D. Silverstein

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Florida Attorney General Files Age Verification Enforcement Lawsuit

The Florida Attorney General has filed a major lawsuit under House Bill 3 (HF 3) — Florida’s newly effective age-verification law — targeting operators of some of the most-trafficked adult websites, including: XVideos.com XNXX.com BangBros.com GirlsGoneWild.com TrafficFactory.com, an adult ad network These companies allegedly failed to implement mandatory systems to verify that users are 18 or older before accessing sexually explicit content, even after receiving prior compliance warnings. The lawsuit asserts these failures constitute violations of HB 3 and the Florida Deceptive and Unfair Trade Practices Act, with the sites reportedly attracting millions of Florida users monthly. Highlights from the Filing HB 3 entered into force on January 1, 2025, and applies to any site where over one-third of content is “harmful to minors.” Noncompliant sites potentially face civil penalties up to $50,000 per violation. The Florida AG framed the lawsuit around protecting children from access to explicit content, labeling the sites’ operations “flagrant” and “predatory.” A related legal challenge to HB 3 filed by industry groups was recently dismissed after the U.S. Supreme Court upheld a similar Texas law. What This Means for You Enforcement risk is real and immediate. Platforms with any significant adult content accessible in Florida must take action now. Heightened liability…

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The AI-Generated DMCA Deluge: How Fake Takedowns Are Drowning Legitimate Copyright Holders and How to Fight Back

The digital landscape is increasingly being shaped by artificial intelligence, and while AI offers immense potential, it's also being weaponized. A disturbing trend has emerged: AI-powered "DMCA takedown services" are reportedly flooding the internet with thousands of fraudulent Digital Millennium Copyright Act (DMCA) notices. This torrent of fake claims is creating chaos for legitimate copyright owners and online platform operators alike, disrupting businesses, damaging reputations, and undermining the very system designed to protect intellectual property. The Problem: AI-Fueled Falsity These malicious AI services leverage sophisticated algorithms to generate convincing-looking DMCA notices en masse. They often lack genuine claims of infringement, instead relying on: Generic Accusations: Notices with vague descriptions of copyrighted material and minimal supporting evidence. Automated Targeting: AI can rapidly identify and target vast numbers of websites or content, regardless of actual infringement. Exploiting Automation: Many platforms rely on automated systems to process DMCA requests, making them vulnerable to being overwhelmed by a high volume of seemingly legitimate notices. Misleading Information: Some fake notices may even include AI-generated "lawyer" profiles or fabricated firm websites to appear credible, as seen in recent SEO scam attempts. Competitive Sabotage The goal is often not genuine copyright enforcement, but rather to disrupt competitors,…

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Attorney Corey Silverstein Announces TES Prague 2025 Attendance and Seminar Lineup

Prague, Czech Republic (July 28, 2025) Corey Silverstein, the founding member of Silverstein Legal, is pleased to announce that he will be attending and presenting at TES Prague 2025. The TES Prague show takes place from September 11th through September 14th in Prague, Czech Republic at the Vienna House by Wyndham Diplomat Prague. “I am thrilled to be traveling to the other side of the globe for this incredible event. TES tradeshows are always some of the best events in the world and it’s an honor to have the opportunity to interact with so many incredible people in a short time.” Silverstein said. “I’m especially looking forward to spending personal time with my clients and friends across the ocean vs. a Zoom room.” Silverstein continued. At this year’s event, Silverstein will be hosting the 2 key legal seminars and participating as a panelist on a third special AI event. The first seminar will take place on Saturday, September 13th at 12 PM CEST. Join Silverstein for a discussion on Age Verification and how the US Supreme Court’s decision on age verification will impact AV law in the US and globally. The second panel will take place on Saturday, September 13th…

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Eighth Circuit Vacates FTC’s “Click-to-Cancel” Rule — But the Fight Isn’t Over for Negative Option Compliance

On July 8, 2025, just days before enforcement was set to begin, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s “Click-to-Cancel” Rule — officially known as the Rule Concerning Subscriptions and Other Negative Option Plans. The court’s decision came in response to consolidated petitions challenging the rule’s scope, legality, and procedural underpinnings. While the rule faced several lines of attack, the Eighth Circuit ruled decisively on procedural grounds, holding that the FTC failed to conduct the required preliminary regulatory analysis after underestimating the rule’s economic impact. Specifically, the FTC initially claimed the rule would impose less than $100 million in annual compliance costs — a critical threshold for determining whether additional economic analysis is required. Even after an administrative law judge later concluded in April 2024 that the rule would exceed that impact, the agency declined to revise its approach or provide the required analysis. This procedural misstep proved fatal. In their dissent from the rule’s final issuance in November 2024, now-Chairman Andrew Ferguson and Commissioner Melissa Holyoak criticized the rulemaking as a “race to cross the finish line” that attempted to apply broad consumer protection mandates to the “entire American economy.” The Eighth…

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Arizona Mandates Age Verification for Adult Websites, Raising Privacy and Access Concerns

House Bill 2112 Arizona has officially joined a growing list of states requiring commercial adult websites to implement robust age verification measures, aiming to prevent minors from accessing sexually explicit content. Governor Katie Hobbs signed House Bill 2112 (HB2112) into law on May 13, 2025, a move that has been met with both applause from proponents of child protection and significant concerns from civil liberties advocates and the adult entertainment industry. The new law, sponsored by State Representative Nick Kupper, mandates that websites where more than one-third of the content is "sexual material harmful to minors" must use "reasonable age verification methods" to ensure users are at least 18 years old. These methods can include digital identification or commercial age verification systems. Crucially, the bill specifies that such systems should not retain or transmit any identifying personal information of users to state or federal government entities. Proponents, including Representative Kupper, argue that the law is a necessary step to shield children from harmful online content. "Hardcore pornography has been just one click away from kids for too long, and the companies behind it have looked the other way while cashing in," Kupper stated. He emphasized that the law places responsibility…

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U.S. Supreme Court Issues Opinion in FSC v. Paxton: Major Implications for Age Verification, Free Speech and State Regulation

Today, the United States Supreme Court issued its long-awaited opinion in Free Speech Coalition v. Paxton, a landmark case addressing the constitutionality of Texas’ age-verification law targeting adult content online. In a closely watched decision, the Court ruled in favor of Texas. Background The case arose from a Texas law requiring all publishers of online adult content to implement stringent age-verification mechanisms to prevent minors from accessing such material. The Free Speech Coalition (FSC), a trade association representing the adult entertainment industry, challenged the law as a violation of free speech rights and a form of compelled disclosure. Lower courts had been divided on the issue, prompting the Supreme Court to grant certiorari to resolve the constitutional questions at stake. The Court’s Ruling In an opinion authored by Justice Clarence Thomas, the Court held that H. B. 1181 triggers, and survives, review under intermediate scrutiny because it only incidentally burdens the protected speech of adults. What’s Next Silverstein Legal is actively analyzing the implications of this decision for our clients operating in the digital content and media industries and the future of age verification in the United States. For more information or to discuss how this ruling may affect your…

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France’s Bold Move: Navigating the New Age Verification Landscape

France's implementation of its sweeping age verification law for online adult content on April 11, 2025, marks a pivotal moment in the ongoing global debate surrounding online safety and access to adult material. Going beyond a simple requirement, this legislation, driven by the Regulatory Authority for Audiovisual and Digital Communication (ARCOM), aims to establish a robust framework that prioritizes the protection of minors while navigating the complexities of user privacy and industry viability. This article delves deeper into the intricacies of the law, its multifaceted impacts, the technological landscape it necessitates, and the broader implications for the future of online adult entertainment. France/ARCOM Means Business In didn’t take long for ARCOM to show that it means business when it comes to the enforcement of its age verification law. As I was writing this article, on April 22, 2025, ARCOM released a statement indicating that it had already commenced action against the providers of five services that allowed minors to access pornographic content without age verification. XBIZ’s own Rick Louis was quick to cover the news. The Genesis and Nuances of the Legislation The new regulations are not an isolated initiative but rather a significant component of France's broader digital safety…

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European Commission Opens Formal DSA Investigations into Pornographic Platforms to Safeguard Minors

Key Takeaways Formal Proceedings Initiated: The European Commission has opened formal investigations into Pornhub, Stripchat, XNXX, and XVideos for suspected breaches of the Digital Services Act (DSA), focusing on the lack of effective age verification and child protection measures. Core Allegations: The platforms are suspected of failing to: Implement appropriate and proportionate age verification tools. Assess and mitigate risks related to minors’ access to adult content. Ensure the rights and well-being of children are central to platform design. VLOP Status Change: Stripchat is being de-designated as a Very Large Online Platform (VLOP) after falling below the active user threshold for over a year. However, Stripchat remains subject to general DSA obligations, and enforcement will shift to Cyprus Radiotelevision Authority as its national Digital Services Coordinator. Coordinated Action on Smaller Platforms: In parallel, national authorities across the EU are conducting coordinated enforcement against smaller porn platforms under their jurisdiction, reinforcing a pan-European approach to child protection under the DSA. What Comes Next The Commission will intensify investigations, including further evidence collection, interviews, and possible inspections. It may impose interim measures, non-compliance decisions, or accept binding commitments from platforms. These actions follow the platforms’ 2024 risk assessments and RFI responses, which informed…

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New GOP bill would basically ban porn, experts warn

The Interstate Obscenity Definition Act would rewrite SCOTUS's definition of obscenity. A bill that rewrites the legal definition of "obscenity" could potentially change the internet as we know it. Last week, Republican Utah Sen. Mike Lee and Illinois Rep. Mary Miller reintroduced the Interstate Obscenity Definition Act (IODA), which would redefine what is considered "obscene" material. Obscenity isn't protected by the First Amendment, which enshrines freedom of speech. "It may as well be an outright ban on pornography," adult industry attorney Corey D. Silverstein told Mashable, "because basically, under [Lee's] definition, all adult entertainment, all forms of pornography, will be deemed obscene." Obscenity, porn, and the law Obscenity is "outside the bounds of the First Amendment," explained Mike Stabile, director of public policy at adult industry trade organization, the Free Speech Coalition. "You cannot distribute it, you can't sell it, you can't post it online…it is something you can be prosecuted for." In U.S. law, obscenity is currently determined by the "Miller test," a three-part test introduced after the 1973 Supreme Court case Miller v. California: whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient [shameful or morbid…

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Why Supporting Adult Entertainment Non-Profits Requires More Than Just Donations

When people think about supporting causes they believe in, donating money is often the first solution that comes to mind. While financial contributions are crucial for keeping non-profits in the adult entertainment industry, such as the Free Speech Coalition (FSC), Association of Sites Advocating Child Protection (ASACP), the Woodhull Freedom Foundation, Pineapple Support, New Moon Network, and Cupcake Girls, operational, there is a deeper level of engagement that is just as essential — volunteering time, advocacy, and community involvement. The adult entertainment industry is one that faces constant legal battles, societal stigma, and workplace challenges, making it even more important for supporters to contribute in ways beyond financial aid. The Role of Adult Entertainment Non-Profits Organizations like the FSC, ASACP, the Woodhull Freedom Foundation, Pineapple Support, New Moon Network and Cupcake Girls work tirelessly to protect the rights of adult performers, producers, and industry workers. Each organization plays a unique and essential role in supporting the community: Free Speech Coalition (FSC) The FSC is a trade organization that fights for the rights of adult industry workers by advocating against censorship, providing legal support, and working on policies that protect performers and businesses from discrimination and unjust legislation. For more information…

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