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FTC Sends Warning Letters Over Take It Down Act Compliance

The Federal Trade Commission has begun enforcing the federal TAKE IT DOWN Act and has already sent warning letters to companies that the FTC believes may be out of compliance. The first wave of letters targeted websites offering so-called “nudify” tools, which can be used to create nonconsensual, sexualized images from clothed images. The FTC’s action is an important signal for platforms that host, publish, transmit, curate, or otherwise make available user-generated content, intimate content, AI-generated content, digitally altered images, messaging content, livestreams, comments, or other media. Covered platforms are now expected to have a clear process for receiving and…

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FTC Warns Platforms: Take It Down Act Compliance Deadline Is May 19

The Federal Trade Commission has issued a clear warning to online platforms: comply with the Take It Down Act by May 19, 2026, or risk enforcement. On May 11, 2026, FTC Chairman Andrew N. Ferguson announced that the agency sent letters to more than a dozen major technology companies, including Amazon, Alphabet, Apple, Automattic, Bumble, Discord, Match Group, Meta, Microsoft, Pinterest, Reddit, Snapchat, TikTok, and X, reminding them of their obligations under the Take It Down Act. The FTC stated that it is prepared to “monitor compliance, investigate violations, and enforce” the law. Although the FTC’s letters targeted major technology…

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It’s Time to Take the DSA and GDPR Seriously

Adult platforms have never been more visible to regulators than they are right now. The Digital Services Act (DSA) is fully in force across the EU, GDPR enforcement keeps accelerating, and parallel “online safety” regimes in the UK and U.S. are converging on the same targets: pornography sites, creator platforms, cam networks, and tube-style aggregators. If you operate an adult website and you’re still treating DSA and GDPR compliance as a “nice-to-have,” you’re sitting on a landmine. It’s time to get serious, and enforcement against adult operators has ramped up. Featured In The January 2026 Edition Of XBIZ World The…

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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…

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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. Featured In The February 2025 Edition Of XBIZ World "Legalese" refers to the specialized language used in legal documents, including contracts. While it can…

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FTC’s “Click to Cancel Rule” and its Legal Challenge

The Federal Trade Commission's (FTC) new “Click to Cancel Rule” or the “Rule”, has been a hot topic in consumer protection and business regulation. This Rule, part of a broader effort to streamline cancellation processes for subscription services, has sparked significant debate and legal challenges, particularly from the National Cable and Telecommunications Association (“NCTA”). Adult entertainment subscription services are justifiably concerned, need to be following these developments very closely and preparing for compliance with the Rule immediately. Featured In The January 2025 Edition Of XBIZ World What is the Click to Cancel Rule? Let’s begin with the basics and some…

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Goodbye to Non-Compete Agreements in the United States?

A non-competition agreement, also known as a non-compete clause or covenant not to compete, is a contract between an employer and an employee, or between two companies, where one party agrees not to enter into or start a similar profession or trade in competition against the other party for a specific period of time and within a certain geographical area. Featured In The July 2024 Edition Of XBIZ World These agreements are commonly used to protect a company's trade secrets, confidential information, and client relationships. They typically restrict employees from working for a competitor or starting a competing business for…

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Adult Business Attorney, Corey D. Silverstein – 2017 Phoenix Forum Speaking Schedule Announced

On February 12, 2017, the Law Offices of Corey D. Silverstein, P.C. announced that porn lawyer, Corey D. Silverstein would be attending this year’s Phoenix Forum. It is with great excitement to report that adult industry attorney, Corey D. Silverstein, has been invited to speak at the Phoenix Forum on multiple seminars/workshops. Here is a schedule of the seminars that adult industry lawyer, Corey D. Silverstein has accepted: Business 101 panel With extensive experience and backgrounds spanning the industry, esteemed panelists offer a glimpse into what it takes to own, operate, and optimize an adult online business in today’s diverse…

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Say Hello to the EU-US Privacy Shield Framework

In October 2015, the European Court of Justice invalidated the International Safe Harbor Privacy Principles which were established in 2000. The Safe Harbor Privacy Principles allowed certified U.S. companies to receive personal data of EU residents in compliance with EU cross-border transfer rules. While many rejoiced the invalidation, numerous legal experts predicted that the invalidated Safe Harbor Privacy Principles would quickly be replaced. The legal experts were right. The EU-US Privacy Shield is a framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. After more than two years of negotiations, on…

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Federal Trade Commission Continues to Make Its Presence Felt

Make no mistake about it, if you are an online business operator, legal compliance should be at the top of your list of priorities. For the better part of the past decade I have preached about the importance of being cognizant of the Federal Trade Commission and its various powers. Once again, the FTC is making the front page of newspapers and is a hot topic amongst journalists. On May 9, the 1st U.S. Circuit Court of Appeals released its order on John Fanning’s “Petition for Review of an Order of the Federal Trade Commission.” John Fanning petitioned the 1st…

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