New GOP Bill Seeks To Take Sledgehammer To Online Porn Industry

Congressional Republicans will introduce legislation Thursday that would severely crack down on internet pornography and potentially deal a major blow to the online porn industry.

Republican Utah Sen. Mike Lee and Republican Illinois Rep. Mary Miller’s Interstate Obscenity Definition Act would create a national definition of obscenity under the Communications Act of 1934 and amend the Supreme Court’s 1973 “Miller Test” for determining what qualifies as obscene, according to background on the bill exclusively obtained by the Daily Caller News Foundation. The bill would pave the way for the prosecution of obscene content disseminated across state lines or from foreign countries and open the door to federal restrictions or bans regarding online porn.

“Obscenity isn’t protected by the First Amendment, but hazy and unenforceable legal definitions have allowed extreme pornography to saturate American society and reach countless children,” Lee told the DCNF. “Our bill updates the legal definition of obscenity for the internet age so this content can be taken down and its peddlers prosecuted.”

Lee and Miller have been leading advocates in Congress to take on internet pornography at the federal level and protect children from exposure to online porn.

The lawmakers’ bill would make obscenity easier to prosecute by altering the three-pronged approach known as the Miller Test from the 1973 Supreme Court ruling in Miller v. California, according to the background on the bill. The Miller Test determined content to be obscene if it appeals to “prurient interests,” describes sexual conduct “in a patently obscene way” and lacks “serious literary, artistic, political or scientific value.”

Lee and Miller are seeking to update that definition in part by changing the second prong about portraying sexual conduct “in a patently offensive way … specifically defined by the applicable state law.” Instead, their bill would determine content to be obscene if it depicts or describes “actual or simulated sexual acts with the objective intent to arouse, titillate or gratify the sexual desires of a person.”

Lee has justified the legislation in part by arguing that the Supreme Court’s “Miller Test” is no longer applicable in an era where porn is primarily viewed online and easy for children to access.

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Science Stopped Believing in Porn Addiction. You Should, Too

Though porn addiction is not diagnosable, and never has been, there is a large self-help industry surrounding the concept. Mostly online (though in religious areas, such as Utah, there are numerous in-person treatment sites), this industry promotes the idea that modern access to the Internet, and the porn that thrives there, has led to an epidemic of dysregulated, out-of-control porn use, and significant life problems as a result.

Over recent years, numerous studies have begun to suggest that there is more to the story than just porn. Instead, we’ve had growing hints that the conflicts and struggles over porn use have more to do with morality and religion, rather than pornography itself. I’ve covered this surge of research in numerous posts and articles.

Now, researchers have put a nail in the coffin of porn addiction. Josh Grubbs, Samuel Perry and Joshua Wilt are some of the leading researchers on America’s struggles with porn, having published numerous studies examining the impact of porn use, belief in porn addiction, and the effect of porn on marriages. And Rory Reid is a UCLA researcher who was a leading proponent gathering information about the concept of hypersexual disorder for the DSM-5. These four researchers, all of whom have history of neutrality, if not outright support of the concepts of porn addiction, have conducted a meta-analysis of research on pornography and concluded that porn use does not predict problems with porn, but that religiosity does.

The researchers lay out their argument and theory extremely thoroughly, suggesting that Pornography Problems due to Moral Incongruence (PPMI) appear to be the driving force in many of the people who report dysregulated, uncontrollable, or problematic pornography use. Even though many people who grew up in religious, sexually conservative households have strong negative feelings about pornography, many of those same people continue to use pornography. And then they feel guilty and ashamed of their behavior, and angry at themselves and their desire to watch more.

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Canadians’ latest plan to hit America where it hurts… and block website that’ll leave millions unsatisfied

Canadians are calling for authorities in The Land of the Maple Leaf to hit Americans where it hurts most – and ban Pornhub.

The X-rated pornography site, which is Canadian-owned, gathers nearly 40 percent of its traffic from the United States, according to their last yearly review. 

As the trade war between the US and Canada continues on, those over the northern border are calling for the drastic measure. 

One of those includes Matthew Puzhitsky, who shared a now viral video to his Instagram in which he called for the site to be pulled in the US.

In his clip, Puzhitsky referred to the idea as Canada‘s secret ‘nuke’ and hilariously deemed it a ‘mic drop’ moment. 

Speaking with The New York Post, he added: ‘If Canada could ban Pornhub in the states, we win the trade war. That’s it. There is no trade war.’

Since the video was shared online, a petition calling for Canadian authorities to block Pornhub in the states was also published online. 

It has yet to gather any real steam online, receiving only 52 signatures as of Saturday morning. 

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Mike Lee’s App Store Accountability Act Would Make Google and Apple Check IDs

Utah Republican Senator Mike Lee has introduced a bill to keep porn out of app stores. There might just be one tiny problem here: They already do.

So, what’s the point? Dig a little deeper and you’ll see that this bill is about forcing age verification on app stores and mobile devices, with a side goal of chilling sex-related speech.

Lee is framing his new bill (S. 5364) as a matter of “accountability”—a word found right in the bill’s title—and of preventing “big corporations” from “victimiz[ing] kids” with “sexual and violent content.” We can’t count on tech companies to act “moral” on their own accord, Lee posted to X.

But big corporations like Google and Apple already ban apps featuring sexual content, and these bans extend not just to kids but to everybody.

While apps can be downloaded from a plethora of sources, there are two main centralized app marketplaces: Apple’s App Store, for iPhones, and the Google Play store, for Androids. Play Store guidelines reject all apps “that contain or promote sexual content or profanity, including pornography, or any content or services intended to be sexually gratifying.” The App Store explicitly prohibits apps featuring “overtly sexual or pornographic material,” which it defines broadly to include any “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.” Apple also bans “hookup” apps and any other “apps that may include pornography or be used to facilitate prostitution.”

Lee’s bill can’t be about simply convincing Apple and Google to adopt his version of morality, since they already have.

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Montana’s Porn Age Verification Law Is Headed to Court

It seems that a puritanical wave is sweeping the country as state governments increasingly try to make it more difficult to access pornography from within their borders. A lawsuit is challenging one of those laws, and this week, a federal judge allowed it to continue.

Montana is one of multiple states in recent years to pass a law requiring pornographic websites to verify users’ ages. Under Senate Bill 544, any website that “knowingly and intentionally publishes or distributes material harmful to minors” must “perform reasonable age verification methods to verify the age of individuals attempting to access the material,” so long as the site in question “contains a substantial portion of the material.”

The statute defines “material harmful to minors” as, essentially, the depiction of any sexual acts, covering everything from straightforward pornography all the way up to and including “bestiality.” It further notes that “reasonable age verification methods” can take the form of “a digitized identification card” or some other system that either checks a user’s “government-issued identification” or otherwise “relies on public or private transactional data.”

While perhaps well-intended, the law is a civil liberties nightmare: First of all, as a general rule, pornography is free speech protected by the First Amendment. And as Elizabeth Nolan Brown wrote in the April 2024 issue of Reason, the sort of age verification law that some states now favor “creates a record, permanently attaching real identities to online activity that many people would prefer stay private,” and “even the best verification methods would leave people vulnerable to hackers and snoops.”

The law also stipulates that it applies when the material in question constitutes “more than 33 1/3% of total material on a website,” meaning a site could be forced to enact an onerous age-verification scheme even if well over half of its hosted content does not meet the state’s definition of disallowed material. One imagines that porn sites could simply load up their servers with enough inoffensive content to stay on the right side of that ratio, but instead, sites like Pornhub have simply blocked access in Montana, as they have in many other states that have passed these laws.

In May 2024, a group of organizations and individuals led by the Free Speech Coalition filed a federal lawsuit seeking an injunction against the enforcement of the law. Per the lawsuit, S.B. 544 “operates as a presumptively-unconstitutional prior restraint on speech” since it requires “the use of some particularized approval method as a condition to providing protected expression.”

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U.S. Capitol Hit by Large-Scale Dark Web Cyber Attack, Passwords Leaked Through Staffers Signing Up for “Adult Websites” and “Dating Apps”

Over 3,000 congressional staffers’ personal information has been leaked across the dark web in a wide-scale cyberattack on the Capitol.

Switzerland based security firm Proton, disovered 1,800 passwords used by staffers at the Capitol are avaible on the dark web.

In an investigation, Proton along with the the United States based firm Constella Intelligence, revealed 1 in 5 congressional staffers had personal information exposed on teh dark web.

In the report, Proton shared, the leaks made their way to the dark web through several sorces such as adult websites, social media and dating apps.

In a statement to The Washington Times, Proton stated, “Many of these leaks likely occurred because staffers used their official email addresses to sign up for various services, including high-risk sites such as dating and adult websites, which were later compromised in data breaches.”

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San Francisco City Attorney Sues Sites That “Undress” Women With AI

San Francisco’s City Attorney has filed a lawsuit against the owners of 16 websites that have allowed users to “nudify” women and young girls using AI.

The office of San Francisco City Attorney David Chiu on Aug. 15 said he was suing the owners of 16 of the “most-visited websites” that allow users to “undress” people in a photo to make “nonconsensual nude images of women and girls.”

A redacted version of the suit filed in the city’s Superior Court alleges the site owners include individuals and companies from Los Angeles, New Mexico, the United Kingdom and Estonia who have violated California and United States laws on deepfake porn, revenge porn and child sexual abuse material.

The websites are far from unknown, either. The complaint claims that they have racked up 200 million visits in just the first half of the year.

One website boasted that it allows its users to “see anyone naked.” Another says, “Imagine wasting time taking her out on dates when you can just use [the website] to get her nudes,” according to the complaint.

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Anti-Deepfake Porn Bill Unanimously Passes the Senate

The anti-Deepfake porn bill, otherwise known as the Disrupt Explicit Forged Images and Non-Consensual Edits (DEFIANCE) Act, passed the U.S. Senate unanimously on Thursday with 100 votes.

Introduced by Sen. Dick Durbin (D-IL) and Sen. Lindsey Graham (R-SC) while being sponsored by Rep. Alexandria Ocasio-Cortez (D-NY) from the U.S. House, the bill would essentially allow victims of Deepfake porn to “sue anyone who knowingly creates, receives, or distributes non-consensual, sexually explicit content made with artificial intelligence,” per Gizmodo. Victims will have a 10-year statute of limitations.

“The bill is one of the first to address the damages caused by AI, which is currently a self-regulated industry,” the outlet noted. “It doesn’t allow for criminal prosecution, but hopefully, it’s a first step towards more federal oversight.”

Alexandria Ocasio-Cortez said she pushed the bill after falling victim to Deepfake porn online, which become a significant problem in recent years.

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These States Want You To Show ID To Watch Porn Online

The latest trend in anti-sex action is carding people to watch porn online. After years of passing resolutions to declare porn a “public health crisis,” state lawmakers are coalescing on age-verification measures as a way to address this alleged scourge.

At issue is minors’ ability to access online pornography. Even when porn platforms technically require visitors to be age 18 or older, all minors usually have to do is check a box saying they’re adults and they’re in. Some parents and politicians want more stringent age-verification measures.

Enter laws requiring porn platforms to verify visitor ages. Such laws have already taken effect in at least eight states (Arkansas, Louisiana, Mississippi, Montana, North Carolina, Texas, Utah, and Virginia), and bills to do the same were introduced in at least 11 other states in 2023. So far in 2024, legislators in at least seven states (GeorgiaIdahoIndianaIowaKansasOhio, and Oklahoma) have introduced such porn age-verification bills. While the particulars vary, most would result in all visitors to web-based adult-content platforms having to submit a government-issued ID proving their age, either directly to the platform or through a third-party verification service.

Supporters of such measures say it’s no different than carding people in stores who try to buy age-restricted merchandise. But there’s a big difference between momentarily flashing your ID in front of a store clerk and submitting it to a website or app. The latter creates a record, permanently attaching real identities to online activity that many people would prefer stay private.

From a privacy perspective, there are better and worse ways to verify ages on websites. (And not just porn sites: Some legislators now want to require them for social media.) But even the best verification methods would leave people vulnerable to hackers and snoops—and we can’t count on authorities (or tech platforms, for that matter) to enact online age-verification measures in the best ways. These measures are shaping up to be a giant privacy nightmare.

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States Keep Passing Unconstitutional Age-Verification Laws for Porn Sites

Last Friday, Kentucky Gov. Andy Beshear signed a controversial bill requiring age verification for individuals seeking to use pornography websites in the state. While the bill seeks to prevent minors from accessing explicit materials, the law will require a substantial invasion of adults’ privacy.

The newly signed law started as an unrelated bill aimed at tightening penalties for child sexual abuse and other crimes, with the age-verification provision of the bill added as a floor amendment in March.

“Pornography is creating a public health crisis and having a corroding influence on minors,” the final bill reads. “Pornography may also impact brain development and functioning, contribute to emotional and medical illnesses, shape deviate sexual arousal, and lead to difficulty in forming or maintaining positive, intimate relationships, as well as harmful sexual behaviors and addiction.”

The bill requires pornography websites to limit access to adults and to verify a user’s age by accessing their government-issued identification or using another “commercially reasonable method of identification that relies on public or private transactional data.” Under the law, sites that violate the law face $10,000 fines for each instance that a minor accesses pornography.

As a result of this law, it’s likely that major porn websites will cease operations in Kentucky rather than develop a complex and invasive age-verification system. PornHub has so far left seven states that have adopted similar laws. 

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