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Originally Posted by Fingersp
I don't know if she is.
For my pay sites VISA credit card processing is now requiring all people posted on adult sites to have model releases. It's not required by law, anything on a public street is fine without a release, but since VISA is requiring in my credit card processor, who I'd used for 25 years, dropped me.
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It seems to be a TAKE IT DOWN Act to blame. While the intent was to prosecute revenge porn, it actually changes the policies for the non-consensual intimate photos of web-platforms across the board.
The main problem with this law is that anybody can make a claim against the platform and the platform has no ways to reply other than removing the photos, even taken in public places where they still covered by the first amendment.
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The law includes no counter-notice mechanism. Unlike the Digital Millennium Copyright Act, which lets someone whose content was removed contest the takedown and potentially get the material restored, the TAKE IT DOWN Act gives the uploader no formal way to challenge a removal through the platform.
Critics say this creates an obvious vector for abuse. Someone with a grudge could file a false request against lawfully posted content, and the platform has strong incentives to remove it rather than risk FTC action for missing the 48-hour deadline. The law contains no penalties for filing a fraudulent removal request.
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