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U.S. Congress Passes the TAKE IT DOWN Act: New Criminal Offenses and Platform Takedown Obligations for Nonconsensual Intimate Imagery (NCII)

On April 28, 2025, the U.S. House of Representatives overwhelmingly passed S. 146, the TAKE IT DOWN Act, following unanimous Senate approval in February. The bill, formally titled Tools to Address Known Exploitation by Immobilizing Technological Deepfakes On Websites and Networks, now heads to President Donald Trump's desk for signature, where it is expected to become law with strong bipartisan support and endorsement from First Lady Melania Trump. This landmark legislation addresses the growing harms posed by both authentic and synthetic nonconsensual intimate images (NCII). It establishes new criminal penalties and imposes civil obligations on online platforms to swiftly remove flagged NCII content. Key Provisions: Criminal Liability Offense: Knowingly publishing authentic or synthetic NCII without consent is now a federal crime. Penalties: Up to two years' imprisonment for publishing NCII of an adult. Up to three years' imprisonment if the NCII depicts a minor under 18. Threats to publish authentic NCII are punished the same as actual publication. Threats to publish synthetic NCII carry reduced penalties (up to 18 months for adults, 30 months for minors). Clarifications: Consent to create an image does not equate to consent to publish it. Prior private sharing does not negate the victim’s right to…

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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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New York Assemblyman Proposes Banning the Term ‘Sex Work’

ALBANY, N.Y. — Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents. The bill, AB 7008, would amend Section 69 of the general construction law to prohibit "the use of the term 'sex work' and certain variations of such term in the law or any rule, regulation or resolution." The variations include "sex worker," "sex-work" and "sex-worker." "I cannot count how many times I have used terms like 'ridiculous,' 'incomprehensible' or 'naive' when describing some of the proposed laws that I have reviewed during my 20-year legal career," said industry attorney Corey D. Silverstein. "I don't remember ever using the word 'stupid,' but that is the only word that comes to mind when reading Mr. Maher's proposed revision to Section 69." Silverstein also told XBIZ that direct challenges to constitutional protections by elected officials should be grounds for removal. "This level of ignorance of the First Amendment and free speech is so outlandish that it warrants expulsion from governance," he said. Mike Stabile, director of public policy for the Free Speech Coalition, noted the timing of the legislation following a recent lobbying effort by New York…

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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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South Dakota Passes Age Verification Law, Setting Up Constitutional Clash

Another state has joined the growing list of jurisdictions implementing age verification requirements for adult content. South Dakota’s newly passed law takes a unique approach but still raises serious constitutional concerns. Given the significant impact this law could have on website operators and the adult content industry as a whole, it is essential to examine the law in detail and consider the necessary compliance measures. Here’s what website operators need to know. Key Provisions of the Law Effective Date: July 1, 2025, giving website operators a limited window to implement changes and prepare for compliance. Applicability: Unlike other states that have adopted a 33.3% threshold to determine whether a website is subject to age verification requirements, South Dakota’s law applies to any website that hosts pornographic material as part of its "regular course of trade or business." This broad definition may capture a wider range of platforms than anticipated. Enforcement: The law includes both civil and criminal liability for non-compliance, increasing the stakes for website operators. Businesses failing to adhere to the law may face severe financial penalties, lawsuits, and potential criminal charges. Consumer Impact: This law could significantly affect users' ability to access certain types of content freely. Additionally,…

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Ofcom’s Illegal Content Compliance Tool – Key Deadlines and Responsibilities

On January 21, 2025, Ofcom updated its interactive compliance tool to assist providers of user-to-user and search services in meeting their obligations under the Online Safety Act 2023. The tool is designed to help service providers conduct their illegal content risk assessments and comply with illegal content safety duties, record-keeping, and review obligations. Key Requirements & Deadlines Risk Assessment Deadline: Your first illegal content risk assessment must be completed by March 16, 2025. New or Modified Services: If you launch a new service or modify an existing one so that it falls under the Act, you must complete a risk assessment within three months of the change. Ongoing Compliance: Services must review their risk assessment at least annually to ensure continued compliance. If making a significant change to your service, you must conduct a new risk assessment before implementing the change. Using Ofcom’s Compliance Tool The Ofcom compliance tool provides guidance and recommendations based on responses to a series of questions. It does not guarantee compliance but serves as a structured method for assessing risk. Providers are responsible for: Implementing safety measures as required by the Act. Keeping proper records of risk assessments and compliance efforts. Making their own legal…

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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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Ofcom Publishes Industry Guidance for Online Age Assurance under the Online Safety Act

In a significant development, Ofcom has issued new guidance to ensure compliance with the Online Safety Act, requiring effective age checks on platforms hosting pornography and other harmful content. These measures aim to safeguard children online, with strict implementation deadlines and enforcement actions looming for non-compliant services. Key Highlights from Ofcom’s Guidance Mandatory Age Assurance Implementation by July 2025: Part 5 services (those publishing their own pornography) must begin implementing robust age assurance immediately. Part 3 services (platforms hosting user-generated pornography and other harmful content, such as social media, tube sites, and fan platforms) must have fully operational age checks by July 2025. Children’s Access Assessments: Starting January 16, 2025, all user-to-user and search services must complete a children’s access assessment within three months (by April 16, 2025). Services likely accessed by children must implement children’s safety measures, including age checks, to protect minors from exposure to harmful content. What Constitutes Highly Effective Age Assurance? Age assurance methods must be technically accurate, robust, and fair to meet Ofcom’s standards. Approved methods include: Photo ID matching Facial age estimation Mobile network operator checks Open banking verification Not acceptable: Self-declaration or online payments without strict verification. Pornographic content must not be visible…

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Supreme Court Upholds TikTok Ban Under National Security Concerns

The U.S. Supreme Court issued a landmark decision today in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“the Act”). The ruling, delivered per curiam, has significant implications for social media platforms and national security law, particularly concerning foreign-controlled entities operating in the United States. Case Summary The Act prohibits the operation of foreign adversary-controlled applications in the U.S. without a qualified divestiture. TikTok, owned by China-based ByteDance Ltd., challenged the Act, arguing that it violated the First Amendment rights of the company and its users. Petitioners also contested the Act’s data-collection rationale and divestiture requirements. Supreme Court Ruling The Court held that the Act, as applied to TikTok, does not violate the First Amendment. Key findings include: Intermediate Scrutiny Applied: The Court found that the Act's provisions are content-neutral, aimed at preventing the exploitation of U.S. user data by a foreign adversary, and tailored to address national security concerns. Compelling Government Interest: The Court upheld Congress’s determination that TikTok’s scale and data collection practices pose a significant risk, especially given ByteDance's obligations under Chinese law to cooperate with government intelligence operations. Tailoring of the Law: The Act does not outright…

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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. What is the Click to Cancel Rule? Let’s begin with the basics and some background on the Rule. The FTC recently finalized the "Click to Cancel" rule, a significant regulation aimed at simplifying the process for consumers to cancel recurring subscriptions and memberships. This Rule mandates that businesses must make it as easy to cancel a subscription as it was to sign up for it. The rule is part of the FTC's broader effort to protect consumers from deceptive practices associated with negative option marketing, where a consumer's failure to take action is interpreted as consent to continue a service. Under the Rule, companies must offer consumers the ability to cancel subscriptions with the same ease as signing up for them. In short,…

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