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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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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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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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US Federal Age Verification on the Horizon – the SCREEN Act

For those of you who have been counting, as of this writing, there are now over 20 different enacted and proposed state laws in the United States requiring age verification for online content, particularly concerning adult entertainment websites. The sheer volume of these laws has been exhausting to the adult entertainment industry. Unfortunately, the adult industry has a new looming potential threat in the form of a United States federal law related to age verification. The Shielding Children's Retinas from Egregious Exposure on the Net (SCREEN) Act, is a legislative proposal introduced by Senator Mike Lee (Republican-Utah) aimed at protecting minors from exposure to online pornographic content. The act mandates that commercial pornographic websites implement robust age verification technologies to ensure that users are not minors, thereby preventing children from accessing harmful material. Much like the state age verification laws that the adult entertainment industry have come to know, the SCREEN Act requires all commercial pornographic websites to adopt age verification technology to ensure a child cannot access its pornographic content. The SCREEN Act Summary Age verification requirements include: Prohibition on simple age attestation (i.e., simply entering in a birthdate); Requires IP address verification and public transparency of the process;…

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The Importance of Protecting AI Content Generation Rights for Content Producers

In today’s digital age, content producers have more tools at their disposal than ever before. Among these tools, artificial intelligence (AI) content generation has emerged as a game-changer, enabling creators to produce high-quality content quickly and efficiently. However, with this convenience comes a significant responsibility: safeguarding the rights associated with AI-generated content. Failing to do so can have long-term repercussions for creators and their intellectual property. Regardless of the type of content that you are creating, the game has changed and there quite a few legal considerations. Understanding AI Content Generation Rights AI content generation rights refer to the ownership and usage rights of content produced with the assistance of AI tools. These rights often extend to include the following aspects: Ownership of Generated Content Determining who legally owns the output created by AI — the individual, organization, or AI tool provider. Licensing Agreements Many AI tools operate under specific licensing terms, which may grant the tool’s developer partial or full rights to the generated content. Derivative Works Understanding whether the content created with AI can be modified, reused, or resold without violating the terms of use. Warning! Why Content Producers Need to Be Vigilant Potential Loss of Ownership Many…

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Indemnification – You’ve All Heard the Term but What Does It Mean?

Over the course of my career as a lawyer, I couldn’t even estimate how many times a client has requested that I review a contract or assist with a contractual dispute. Time and time again, I’m told by the client that they didn’t understand or even read certain portions of the contract because it was just “standard legalese” and thus unimportant. This belief couldn’t be further from the truth and almost always leads to disastrous consequences. "Legalese" refers to the specialized language used in legal documents, including contracts. While it can often seem daunting to those unfamiliar with legal terminology, legalese plays a crucial role in ensuring that contracts are clear, enforceable, and protect the interests of all parties involved. There are several reasons why legalese is an important part of a contract including but not limited to: Precision and Clarity: Legalese is designed to be precise. It minimizes ambiguity and misinterpretation by using specific terms and phrases that convey exact meanings. This clarity is vital in preventing disputes over contract terms; Enforceability: Contracts must meet certain legal standards to be enforceable in a court of law. Legalese incorporates established legal terms that help ensure the contract complies with relevant…

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