User Submitted Porn Sites
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User Submitted Porn Sites
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Craig Brittain, the man who registered IsAnybodyDown.
The statement that "Section 230 immunity is only available for content...posted in an automated fashion" is not accurate. The immunity is not limited to content "posted in an automated fashion." The host may screen content before deciding what to post, and actively pick and choose among submitted content when deciding what to post, without losing the Section 230 immunity. Details here: http://www.citmedialaw.org/legal-guide/ ... ection-230
I think this article goes a bit too far out of the way in an attempt to be "fair" to isanybodydown. The operators of the site have attempted to use copyright to censor criticism: http://www.popehat.com/2012/11/04/craig ... nder-dmca/ Copyright is already used for all sorts of nefarious purposes. Are we supposed to get all nervous now because it might be used to do something good? Why no mention of the fact that the site used to link to the "Takedown Lawyer?" They changed it to "Takedown Hammer" when people started pointing out that the "attorney" involved probably didn't exist and was likely the same as one of the website operators. Not only were they claiming that a third party would advocate on behalf of people whose pictures ended up on the site, they were claiming that this third party was a lawyer. Since pretending to be a lawyer can get you in legal trouble pretty much everywhere, they wised up and renamed the (still purportedly third party) service "Takedown Hammer." Calling this site "extortionate" is actually being kind. "Fraudulent" is probably a better term given their assertion that a third party is advocating on subjects' behalf to have the pictures taken down.
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Timothy B. Lee
Timothy is a senior reporter covering tech policy and the future of transportation. He lives in Washington DC.
Email timothy.lee@arstechnica.com
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Timothy B. Lee
- 11/13/2012, 4:45 PM
In the era of Polaroid cameras, you didn't have to worry too much about a racy snapshot you took in the privacy of your bedroom becoming available to the general public. But thanks to the rise of digital cameras and the Internet, that's now a real risk. Hackers, disgruntled exes, and other vindictive individuals who gain access to your compromising digital snapshots can share them with the world with a single click.
Recently, a number of websites have sprung up to cash in on the public humiliation of others. One of the first such sites was IsAnyoneUp, which solicited nude pictures of ordinary Americans submitted by third parties. To maximize the humiliation, the photos were posted along with identifying details such as name and home town. The site's owner, Hunter Moore, reportedly raked in thousands of dollars a month in advertising revenue, and he made the rounds on television talk shows defending his site.
Moore finally shuttered the site earlier this year, but others have jumped in to fill the sordid niche he pioneered. One such site is the creatively named IsAnybodyDown. Like the original, it features naked pictures of ordinary Americans, generally submitted without the subjects' consent, as well as personal information such as their names, hometowns, phone numbers, and screenshots of their Facebook pages.
If you think IsAnyoneUp couldn't be any sleazier, then IsAnybodyDown's seems determined to prove you wrong. A link on IsAnybodyDown reading "Get Me Off This Site!" leads to the website of "Takedown Hammer," an "independent third party team" that, for a modest fee of $250, will "issue a successful content removal request on your behalf." It brags of 90 successful removals from IsAnybodyDown.com.
It seems pretty obvious that "Takedown Hammer" isn't actually independent of IsAnybodyDown. Indeed, copyright and First Amendment attorney Marc Randazza has found circumstantial evidence that IsAnybodyDown and Takedown Hammer are, in fact, both owned by a man named Craig Brittain.
Randazza has made taking down IsAnybodyDown a personal cause. "I want to hurt isanybodydown.com. I want to hurt them bad," Randazza wrote in a recent blog post. "If anyone out there has been scammed by these crooks, contact me," Randazza wrote. "I will represent you pro bono."
Is it even illegal to run a site like IsAnybodyDown? "Involuntary porn" sites are so new that the courts haven't really dealt with them before.
In an interview earlier this month, Randazza told us that his legal strategy would depend on the client, but that he would likely sue Brittain for copyright infringement. Depending on where the client lived, he said there were also likely to be private torts available under state law.
We asked Paul Alan Levy, a free speech lawyer at Public Citizen, whether a victim of IsAnybodyDown would have a case against the site. He drew a parallel to other cases that have dealt with allegedly extortionate websites.
For example, Levy cited litigation over the website PissedConsumer.com. It collects negative comments about businesses, posts them to its website, and then charges businesses for the "service" of making those negative reviews less conspicuous. Unsurprisingly, the businesses who get negative reviews aren't happy about PissedConsumer's business model, and one of them sued the site arguing that PissedConsumer—like IsAnybodyDown—is little more than an extortion racket.
PissedConsumer countered that it is protected by Section 230 of the Communications Decency Act, which grants website operators broad immunity for user-submitted content. This summer, a judge refused to dismiss a case under Section 230 because the plaintiff alleged that PissedConsumer itself had written some of the allegedly defamatory reviews.
A similar issue is likely to be raised in any litigation over IsAnybodyDown. Both Section 230 and the similar safe harbor under the Digital Millennium Copyright Act provide immunity for user-submitted content. But it's not clear whether the content on IsAnybodyDown qualifies as user-submitted under either safe harbor. "This doesn't go up in an automated fashion," Randazza told us. "They have a direct influence over the content."
Even if a plaintiff establishes that IsAnybodyDown isn't eligible for the safe harbors, it's still not clear that a plaintiff could win an extortion case. "So far as I know, none of these extortion theories has ever been litigated to a decision," Levy told us.
And, Levy said, "Those theories make me very nervous. On the one hand, if it is purely extortionate, that seems bad." On the other hand, he worries that charges of extortion could be used to attack as a basis for frivolous litigation against more legitimate sites.
Levy had a similar perspective on copyright claims. The ability to sue would depend on who actually took the pictures. For example, if a photo were taken by a disgruntled ex-boyfriend, then the boyfriend, not the subject of the shot, would be the legal copyright holder. And he might not be interested in participating in a lawsuit. If the copyright holder did sue, the judge could issue an injunction ordering the photo to be removed and also awarding the plaintiff a "significant dollar amount" in damages.
Once again, while Levy said it was "hard to get too excited about the rights of the host of this site," he's worried about "the use of copyright law as an excuse to hammer Internet speakers when the real objection is to the content."
Update: I've deleted the sentence "Section 230 immunity is only available for content submitted by third parties and posted in an automated fashion" from the story because the law is murky about the exact circumstances in which website operators are eligible for Section 230 immunity.
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Social media has undeniably transformed the ways we make and sustain relationships with our friends, lovers, and partners. As useful as Facebook and Instagram are, however, their censorship policies makes sharing anything beyond PG-13 imagery pretty tough. Enter Social 18, the first adult social media platform designed for that special moment when you've just GOT to tag your BFF in a Pornhub clip featuring a goth girl threesome (or whatever it is that you're into).
It remains to be seen who will sign up and if this new platform will catch on, but if anything, it's a welcome idea when faced with nipple bans on Facebook or pubic hair outcries on Instagram .
In a press release for the yet-to-be-launched site, Creative Director Justin Kerrihard explains that Social 18's goal "is to give users an inviting, open platform to make new friends and share explicit materials." Social 18 is slated to have many of the same functionalities as FB, IG, and Twitter, including "like" functions, hashtags, private messaging, and individual user feeds. You can use it to meet new people and hookup or follow your favorite adult film stars.
"It's more than social media, it's more than a dating site," says Pierre Vincent, Director of Operations for Social18.com. "It's a private virtual world of unlimited opportunities" — and what's more arousing than that?
Want more of Bustle's Sex and Relationships coverage? Check out our video on sex positions for small penises:
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Tumblr said last year it was banning "adult content" from its platform in order to make "a better, more positive" place. But the policy change caused some users to abandon the site .
The new policy went into effect December of 2018 , and resulted in the deletion of any content portraying " real-life human genitals or female-presenting nipples." Some hoped that the sale of Tumblr to a new company in August would result in the ban's reversal, but the new owners have said they're keeping the ban on NSFW (not safe for work) content in place.
Reaction to Tumblr's announcement was swift and critical across social media. More than 665,000 people have signed a Change.org petition to "make Tumblr rescind their adult content ban."
For many, Tumblr was seen as a safe space used for exploration and self-expression.
" I frequently got messages from folks who saw my work and said it helped them understand part of themselves better," an anonymous Tumblr user told The Washington Post . "That's primarily what I saw on Tumblr, in my curated bubble: women and LGBT creators exploring sexual concepts that they didn't feel comfortable sharing anywhere else."
Dozens of new Twitter accounts popped up from former Tumblr users who said they were switching social media sites as a result of the new policy. But while Twitter is mainly a platform for short text blurbs and sharing links, Tumblr emphasizes blogging with a mix of images, videos, GIFs, and creative writing.
Other blogging platforms reported seeing an influx of new users since Tumblr announced its policy change.
Here are some alternatives to Tumblr emerging in light of the ban on adult content:
While the design of Newgrounds may be old-school (it's been around since 1999), the site prides itself on being wholly independent where it allows "everything for everyone."
"Some of you might be dismayed at the thought of more lewd content on NG while others are super excited," a post welcoming Tumblr users says. "The good news for everyone is that we're seeing a lot of REALLY TALENTED artists joining up and not everything they post is NSFW."
Pillowfort.io is a user-friendly space that emerged from people " complaining about the limitations and flaws of these (other) sites, yet lamenting that there was nowhere better to go."
Unfortunately, Pillowfort is in beta and costs a small fee to join, but you can try out the platform as a demo user on Pillowfort's website. You may have issues accessing it though — I got an error message when I tried to set up my trial because of the unusually "high amount of traffic" the site is getting.
Dreamwidth is a free platform for "creative folk" who want to share artwork and creative writing.
"W e'd like to take a moment to reassure all y'all that we have your backs ," a post welcoming Tumblr users says. " To the newcomers: we're happy to have you join us. Welcome aboard!"
Mastodon is a decentralized social platform, meaning that its thousands individual communities exist on separate servers, but they all exist under one network. In response to Tumblr, Mastodon created a post with reasons to choose its platform as your new social media site.
"It's a completely decentralised social network which combines the best bits of Twitter and Tumblr, but the technology is structured in a way whereby it can never be shut down," a post advocating the switch to Mastodon says.
Do you work at TikTok? Got a tip about it? Contact this reporter via Signal at +1 (201) 312-4526 using a non-work phone, email at pleskin@businessinsider.com, or Twitter DM at @paigeleskin . (PR pitches by email only please.) You can also contact Business Insider securely via SecureDrop .
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