Techdirt The Many Problems With The FTC's Pornhub Settlement
46 snips
Sep 23, 2025 
Berin Szoka, President of TechFreedom, and Riana Pfefferkorn, a policy fellow at Stanford HAI, dive into the complexities of the FTC's settlement with Aylo, the parent company of Pornhub. They discuss the implications of mandated CSAM scanning and how it could undermine criminal investigations. Szoka highlights concerns over constitutional rights, while Pfefferkorn emphasizes risks of harming victims. The conversation also touches on broader industry impacts, including potential chilling effects on content moderation and free speech.
AI Snips
Chapters
Transcript
Episode notes
One Settlement Becomes A De Facto Rule
- The FTC's ALO order creates a de facto industry rule by binding one company in federal court.
- That order can coerce other platforms to adopt the same scanning practices to avoid huge civil penalties.
Mandated Scanning Triggers Constitutional Risk
- The order mandates scanning uploads for CSAM and non-consensual material using tools like photo DNA.
- Requiring such scanning converts voluntary private moderation into government-compelled searches with constitutional consequences.
Searches Could Invalidate Criminal Evidence
- Government-compelled searches can make platforms government agents under the Fourth Amendment.
- Evidence uncovered by such searches risks suppression in criminal CSAM prosecutions.