montana

pornhub-prepares-to-block-five-more-states-rather-than-check-ids

Pornhub prepares to block five more states rather than check IDs

“Uphill battle” —

The number of states blocked by Pornhub will soon nearly double.

Pornhub prepares to block five more states rather than check IDs

Aurich Lawson | Getty Images

Pornhub will soon be blocked in five more states as the adult site continues to fight what it considers privacy-infringing age-verification laws that require Internet users to provide an ID to access pornography.

On July 1, according to a blog post on the adult site announcing the impending block, Pornhub visitors in Indiana, Idaho, Kansas, Kentucky, and Nebraska will be “greeted by a video featuring” adult entertainer Cherie Deville, “who explains why we had to make the difficult decision to block them from accessing Pornhub.”

Pornhub explained that—similar to blocks in Texas, Utah, Arkansas, Virginia, Montana, North Carolina, and Mississippi—the site refuses to comply with soon-to-be-enforceable age-verification laws in this new batch of states that allegedly put users at “substantial risk” of identity theft, phishing, and other harms.

Age-verification laws requiring adult site visitors to submit “private information many times to adult sites all over the Internet” normalizes the unnecessary disclosure of personally identifiable information (PII), Pornhub argued, warning, “this is not a privacy-by-design approach.”

Pornhub does not outright oppose age verification but advocates for laws that require device-based age verification, which allows users to access adult sites after authenticating their identity on their devices. That’s “the best and most effective solution for protecting minors and adults alike,” Pornhub argued, because the age-verification technology is proven and less PII would be shared.

“Users would only get verified once, through their operating system, not on each age-restricted site,” Pornhub’s blog said, claiming that “this dramatically reduces privacy risks and creates a very simple process for regulators to enforce.”

A spokesperson for Pornhub-owner Aylo told Ars that “unfortunately, the way many jurisdictions worldwide have chosen to implement age verification is ineffective, haphazard, and dangerous.”

“Any regulations that require hundreds of thousands of adult sites to collect significant amounts of highly sensitive personal information is putting user safety in jeopardy,” Aylo’s spokesperson told Ars. “Moreover, as experience has demonstrated, unless properly enforced, users will simply access non-compliant sites or find other methods of evading these laws.

Age-verification laws are harmful, Pornhub says

Pornhub’s big complaint with current age-verification laws is that these laws are hard to enforce and seem to make it riskier than ever to visit an adult site.

“Since age verification software requires users to hand over extremely sensitive information, it opens the door for the risk of data breaches,” Pornhub’s blog said. “Whether or not your intentions are good, governments have historically struggled to secure this data. It also creates an opportunity for criminals to exploit and extort people through phishing attempts or fake [age verification] processes, an unfortunate and all too common practice.”

Over the past few years, the risk of identity theft or stolen PII on both widely used and smaller niche adult sites has been well-documented.

Hundreds of millions of people were impacted by major leaks exposing PII shared with popular adult sites like Adult Friend Finder and Brazzers in 2016, while likely tens of thousands of users were targeted on eight poorly secured adult sites in 2018. Niche and free sites have also been vulnerable to attacks, including millions collectively exposed through breaches of fetish porn site Luscious in 2019 and MyFreeCams in 2021.

And those are just the big breaches that make headlines. In 2019, Kaspersky Lab reported that malware targeting online porn account credentials more than doubled in 2018, and researchers analyzing 22,484 pornography websites estimated that 93 percent were leaking user data to a third party.

That’s why Pornhub argues that, as states have passed age-verification laws requiring ID, they’ve “introduced harm” by redirecting visitors to adult sites that have fewer privacy protections and worse security, allegedly exposing users to more threats.

As an example, Pornhub reported, traffic to Pornhub in Louisiana “dropped by approximately 80 percent” after their age-verification law passed. That allegedly showed not just how few users were willing to show an ID to access their popular platform, but also how “very easily” users could simply move to “pirate, illegal, or other non-compliant sites that don’t ask visitors to verify their age.”

Pornhub has continued to argue that states passing laws like Louisiana’s cannot effectively enforce the laws and are simply shifting users to make riskier choices when accessing porn.

“The Louisiana law and other copycat state-level laws have no regulator, only civil liability, which results in a flawed enforcement regime, effectively making it an option for platform operators to comply,” Pornhub’s blog said. As one of the world’s most popular adult platforms, Pornhub would surely be targeted for enforcement if found to be non-compliant, while smaller adult sites perhaps plagued by security risks and disincentivized to check IDs would go unregulated, the thinking goes.

Aylo’s spokesperson shared 2023 Similarweb data with Ars, showing that sites complying with age-verification laws in Virginia, including Pornhub and xHamster, lost substantial traffic while seven non-compliant sites saw a sharp uptick in traffic. Similar trends were observed in Google trends data in Utah and Mississippi, while market shares were seemingly largely maintained in California, a state not yet checking IDs to access adult sites.

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Deadly morel mushroom outbreak highlights big gaps in fungi knowledge

This fungi’s not fun, guys —

Prized morels are unpredictably and puzzlingly deadly, outbreak report shows.

Mature morel mushrooms in a greenhouse at an agriculture garden in Zhenbeibu Town of Xixia District of Yinchuan, northwest China's Ningxia Hui Autonomous Region.

Enlarge / Mature morel mushrooms in a greenhouse at an agriculture garden in Zhenbeibu Town of Xixia District of Yinchuan, northwest China’s Ningxia Hui Autonomous Region.

True morel mushrooms are widely considered a prized delicacy, often pricey and surely safe to eat. But these spongey, earthy forest gems have a mysterious dark side—one that, on occasion, can turn deadly, highlighting just how little we know about morels and fungi generally.

On Thursday, Montana health officials published an outbreak analysis of poisonings linked to the honeycombed fungi in March and April of last year. The outbreak sickened 51 people who ate at the same restaurant, sending four to the emergency department. Three were hospitalized and two died. Though the health officials didn’t name the restaurant in their report, state and local health departments at the time identified it as Dave’s Sushi in Bozeman. The report is published in the Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report.

The outbreak coincided with the sushi restaurant introducing a new item: a “special sushi roll” that contained salmon and morel mushrooms. The morels were a new menu ingredient for Dave’s. They were served two ways: On April 8, the morels were served partially cooked, with a hot, boiled sauce poured over the raw mushrooms and left to marinate for 75 minutes; and on April 17, they were served uncooked and cold-marinated.

The mystery poison worked fast. Symptoms began, on average, about an hour after eating at the restaurant. And it was brutal. “Vomiting and diarrhea were reportedly profuse,” the health officials wrote, “and hospitalized patients had clinical evidence of dehydration. The two patients who died had chronic underlying medical conditions that might have affected their ability to tolerate massive fluid loss.”

Of the 51 sickened, 46 were restaurant patrons and five were employees. Among them, 45 (88 percent) recalled eating morels. While that’s a high percentage for such an outbreak investigation, certainly enough to make the morels the prime suspect, the health officials went further. With support from the CDC, they set up a matched case-control study, having people complete a detailed questionnaire with demographic information, food items they ate at the restaurant, and symptoms.

Mysterious poison

Forty-one of the poisoned people filled out the questionnaire, as did 22 control patrons who ate at the restaurant but did not report subsequent illness. The analysis indicated that the odds of recalling eating the special sushi roll were nearly 16 times higher among the poisoned patrons than among the controls. The odds of reporting any morel consumption were nearly 11 times higher than controls.

The detailed consumption data also allowed the health officials to model a dose response, which suggested that with each additional piece of the special roll a person recalled eating, their odds of sickness increased nearly threefold compared with people who reported eating none. Those who ate four or more pieces of the roll had odds nearly 22.5 times higher. A small analysis focusing on the five employees sickened, which was not included in the published study but was noted by the Food and Drug Administration, echoed the dose-response finding, indicating that sickness was linked with larger amounts of morel consumption.

When the officials broke down the analysis by people who ate at the restaurant on April 17, when the morels were served uncooked, and those who ate at the restaurant on April 8, when the mushrooms were slightly cooked, the cooking method seemed to matter. People who ate the uncooked rather than the slightly cooked mushrooms had much higher odds of sickness.

This all strongly points to the morels being responsible. At the time, the state and local health officials engaged the FDA, as well as the CDC, to help tackle the outbreak investigation. But the FDA reported that “samples of morel mushrooms collected from the restaurant were screened for pesticides, heavy metals, toxins, and pathogens. No significant findings were identified.” In addition, the state and local health officials noted that DNA sequencing identified the morels used by the restaurant as Morchella sextelata, a species of true morel. This rules out the possibility that the mushrooms were look-alike morels, called “false morels,” which are known to contain a toxin called gyromitrin.

The health officials and the FDA tracked down the distributor of the mushrooms, finding they were cultivated and imported fresh from China. Records indicated that 12 other locations in California also received batches of the mushrooms. Six of those facilities responded to inquiries from the California health department and the FDA, and all six reported no illnesses. They also all reported cooking the morels or at least thoroughly heating them.

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TikTok requires users to “forever waive” rights to sue over past harms

Or forever hold your peace —

TikTok may be seeking to avoid increasingly high costs of mass arbitration.

TikTok requires users to “forever waive” rights to sue over past harms

Some TikTok users may have skipped reviewing an update to TikTok’s terms of service this summer that shakes up the process for filing a legal dispute against the app. According to The New York Times, changes that TikTok “quietly” made to its terms suggest that the popular app has spent the back half of 2023 preparing for a wave of legal battles.

In July, TikTok overhauled its rules for dispute resolution, pivoting from requiring private arbitration to insisting that legal complaints be filed in either the US District Court for the Central District of California or the Superior Court of the State of California, County of Los Angeles. Legal experts told the Times this could be a way for TikTok to dodge arbitration claims filed en masse that can cost companies millions more in fees than they expected to pay through individual arbitration.

Perhaps most significantly, TikTok also added a section to its terms that mandates that all legal complaints be filed within one year of any alleged harm caused by using the app. The terms now say that TikTok users “forever waive” rights to pursue any older claims. And unlike a prior version of TikTok’s terms of service archived in May 2023, users do not seem to have any options to opt out of waiving their rights.

TikTok did not immediately respond to Ars’ request to comment, but has previously defended its “industry-leading safeguards for young people,” the Times noted.

Lawyers told the Times that these changes could make it more challenging for TikTok users to pursue legal action at a time when federal agencies are heavily scrutinizing the app and complaints about certain TikTok features allegedly harming kids are mounting.

In the past few years, TikTok has had mixed success defending against user lawsuits filed in courts. In 2021, TikTok was dealt a $92 million blow after settling a class-action lawsuit filed in an Illinois court, which alleged that the app illegally collected underage TikTok users’ personal data. Then, in 2022, TikTok defeated a Pennsylvania lawsuit alleging that the app was liable for a child’s death because its algorithm promoted a deadly “Blackout Challenge.” The same year, a bipartisan coalition of 44 state attorneys general announced an investigation to determine whether TikTok violated consumer laws by allegedly putting young users at risk.

Section 230 shielded TikTok from liability in the 2022 “Blackout Challenge” lawsuit, but more recently, a California judge ruled last month that social media platforms—including TikTok, Facebook, Instagram, and YouTube—couldn’t use a blanket Section 230 defense in a child safety case involving hundreds of children and teens allegedly harmed by social media use across 30 states.

Some of the product liability claims raised in that case are tied to features not protected by Section 230 immunity, the judge wrote, opening up social media platforms to potentially more lawsuits focused on those features. And the Times reported that investigations like the one launched by the bipartisan coalition “can lead to government and consumer lawsuits.”

As new information becomes available to consumers through investigations and lawsuits, there are concerns that users may become aware of harms that occurred before TikTok’s one-year window to file complaints and have no path to seek remedies.

However, it’s currently unclear if TikTok’s new terms will stand up against legal challenges. University of Chicago law professor Omri Ben-Shahar told the Times that TikTok might struggle to defend its new terms in court, and it looks like TikTok is already facing pushback. One lawyer representing more than 1,000 guardians and minors claiming TikTok-related harms, Kyle Roche, told the Times that he is challenging TikTok’s updated terms. Roche said that the minors he represents “could not agree to the changes” and intended to ignore the updates, instead bringing their claims through private arbitration.

TikTok has also spent the past year defending against attempts by lawmakers to ban the China-based app in the US over concerns that the Chinese Communist Party (CCP) may use the app to surveil Americans. Congress has weighed different bipartisan bills with names like “ANTI-SOCIAL CCP Act” and “RESTRICT Act,” each intent to lay out a legal path to ban TikTok nationwide over alleged national security concerns.

So far, TikTok has defeated every attempt to widely ban the app, but that doesn’t mean lawmakers have any plans to stop trying. Most recently, a federal judge stopped Montana’s effort to ban TikTok statewide from taking effect, but a more limited TikTok ban restricting access on state-owned devices was upheld in Texas, Reuters reported.

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