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The Courts

Texas Sues xHamster and Chaturbate (404media.co) 292

An anonymous reader quotes a report from 404 Media: Texas Attorney General Ken Paxton just sued two more porn sites, xHamster and Chaturbate, alleging they aren't complying with age verification laws. As first reported by local news outlet KXAN, the Office of the Attorney General filed two civil lawsuits on Tuesday afternoon against Hammy Media, which owns xHamster, and Multi Media, which owns Chaturbate. Texas Governor Greg Abbott signed HB 1181 into law in June, which requires porn sites to verify the ages of users through a driver's license or passport. If porn sites don't force consenting adults to hand over a government-issued ID in order to watch other consenting adults have sex on camera, they face heavy fines.

Paxton's lawsuit against xHamster asks the court to force the site to pay a civil penalty of up to $1.67 million, with an additional $10,000 a day since filing. For Chaturbate, it's $1.78 million plus $10,000 per day. Last week, Pornhub's parent company Aylo blocked anyone accessing its network of sites from a Texas IP address, and replaced its network of sites -- which include Pornhub, Brazzers, YouPorn and many more -- with a message about its rejection of age verification legislation that requires adults to show government-issued ID to access porn. [...] As of writing, xHamster and Chaturbate are still accessible in Texas and don't have requirements to verify users' ages with a government ID.

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Texas Sues xHamster and Chaturbate

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  • Err... (Score:5, Insightful)

    by Baron_Yam ( 643147 ) on Friday March 22, 2024 @08:04AM (#64335907)

    Unless these companies have a physical or legal presence in Texas... Isn't it the state's fault for not blocking external traffic it doesn't like?

    • Re:Err... (Score:5, Insightful)

      by brunes69 ( 86786 ) <slashdot@nOSpam.keirstead.org> on Friday March 22, 2024 @08:07AM (#64335915)

      If they accept payments from people who live in Texas, then they have a legal presence.

      If they don't, then Texas doesn't have jurisdiction, and even if found guilty they can't really make them pay any civil judgement because Texas can't seize any of their assets.

      • Comment removed based on user account deletion
        • Re:Err... (Score:4, Informative)

          by peragrin ( 659227 ) on Friday March 22, 2024 @09:27AM (#64336173)

          It isnt uncle sam that is coming after you. It is the republicans of Texas.

          texans have decided that not only if you sell goods to a texan, but also provide services to a rexan out of state that you have to follow all texan laws.

          Ei texas law supersecede federal law and xivil rights in other states.

      • Re:Err... (Score:5, Funny)

        by wyHunter ( 4241347 ) on Friday March 22, 2024 @09:24AM (#64336163)
        I'm sure Texas will thrust hard into this conflict whilst the websites will put up stiff resistance.
        • And if the DOJ / Fed had any rigidity to them, they'd spank Texans down with the Interstate Commerce Clause. After all Texans, supposedly, have a fetish for the Constitution.
      • > If they accept payments from people who live in Texas, then they have a legal presence.

        Nah, mate, that's the definition of Interstate commerce.

        RIP Dallas data centers.

    • by Sloppy ( 14984 )

      Next step: State of Texas sues all their ISPs.

    • No. First Amendment out front shoulda told ya. This lawsuit's not gonna hold up.
  • So grateful Paxton is stepping up against these real harms on society like tits, ass, and even girldick.
    • by Sloppy ( 14984 ) on Friday March 22, 2024 @09:16AM (#64336149) Homepage Journal

      If they were really serious about this severe problem, they would kick all the people out of their state, so that nobody would ever see anyone else. Until humans are eliminated, Texas' vision cannot be fulfilled. FUCK HUMANS! (Err, I mean that figuratively, of course. You should never literally fuck a human. That's not even a thing, kids, I swear!)

    • Ken Paxton isn’t stepping anywhere.

    • by quonset ( 4839537 ) on Friday March 22, 2024 @11:15AM (#64336533)

      So grateful Paxton is stepping up against these real harms on society like tits, ass, and even girldick.

      And yet, any kid, of any age, can pick up a Bible and read out rape, incest, murder, genocide, and worst of all, slavery (which never existed in Texas /s). Not to mention some socialist who doesn't believe in capitalism who was obvioudly drunk or stoned when he curses a tree for not bearing fruit out of season.

      Hans Kristian Graebener is Stonetoss.

  • by sinij ( 911942 ) on Friday March 22, 2024 @08:05AM (#64335911)
    With all problems at the border, in public education, debt and so on they chose to take on porn sites? Why?
    • by BroccoliKing ( 6229350 ) on Friday March 22, 2024 @08:12AM (#64335927)
      Because the lone star is a rating.
    • Bible Thumping state.
      Debt and public education aren't as important as, ahem, societal decency and whatever.

      • by gtall ( 79522 )

        Debt and public education and cost money, i.e., raise taxes and spend more on education. Neither of those are high on the Texas R's list of things to be concerned with. The former would make those nice rich guys upset (the ones paying into Texas politicians' campaign funds) and the latter would mean educated voters, which is the last thing the R's of Texas want.

    • by Ol Olsoc ( 1175323 ) on Friday March 22, 2024 @08:17AM (#64335941)

      With all problems at the border, in public education, debt and so on they chose to take on porn sites? Why?

      MAGA outrage, married to "Won't someone think of the children?" An easy target.

      Or perhaps a wrong headed idea to combat the sinking fertility rate? It's been tanking, and perhaps they think by eliminating pR0N, men will return to the plantation. Which of course is dumb. Overuse of pR0N is a symptom, not a proximate cause of the fertility rate issue.

    • Because it's populist bullshit to use to win an election.

      • " Because it's populist bullshit to use to win an election. "

        Unless I'm mistaken, this is how an elected official stays an elected official.

        Going against your constituents wishes, regardless of how silly those might be, is how you become an ex-elected official in a hurry.

    • by gtall ( 79522 ) on Friday March 22, 2024 @08:24AM (#64335969)

      The problems on the border should not bother Texas, most are G-d fearing Christians and consider themselves to be part of a Christian Nation. They should be welcoming them with open arms. Come on Gov. Abbot, are you a Christian or not?

      And that's only one contradiction. The U.S. and certainly Texas has been very responsible for global warming, the very global warming that is causing droughts in Central and South America. So the Texans are screwing up their environment and then turn around and refuse to accept the fallout, i.e., immigration over the border.

      And if Texas really wants to get serious about the border, they can and probably will find a way to plug the gaps with a Big Ol' Fence that will be burrowed under, flown over, cut through, etc. And Mexico can decide to really close the border to trade. That should make the rest of the states really happy with Texas.

    • With all problems at the border

      You seem unaware that Texas and the federal government are currently duking it out in court because the federal government is saying that Texas’ attempts to pass and enforce border control laws at the state level are contrary to the US’ sovereign right to control immigration. The Supreme Court passed it back to the appeals court just a few days ago, which then blocked Texas from enforcing its own laws again. So what exactly would you like them to do?

      https://www.reuters.com/legal/... [reuters.com]
      https://www.n [nytimes.com]

      • by sinij ( 911942 )
        Attempting to restrict pornography (because any ID law undeniably has that effect) is counter-productive to achieving other goals. Political capital is a thing, public opinion is a thing - you waste all that on a pointless issue (because you can't possibly succeed) and you undermine success chances in other areas. Now is not the time to do a stunt like this.
        • I live in Texas. Slashdot is literally the only place I have seen or heard anyone reporting on or otherwise talking about this. At all. Were I not on Slashdot, I'd have zero awareness that this was even a law on the books.

          I agree with the idea that needlessly burning political capital or turning substantial portions of the public against you is a bad idea, but I'm not convinced that's happening here. Obviously, my experience is anecdotal, however, so I don't expect it to be in any way convincing, but my sen

    • With all problems at the border, in public education, debt and so on they chose to take on porn sites? Why?

      Because kids. Think of the kids. Look at us. We are responsible adults because we look after and protect your kids. Vote for us. Border? Education? Don't you understand your kid nearly saw a boobie, and I'm not talking about the bird! Just think of how much we saved your kid.

    • This is what happens when you elect christian nationalists. They’re getting ready to fire Mike Johnson because he’s exactly the person voted for and were too dumb to realize it.

    • by GlennC ( 96879 )

      Because they don't actually want to solve problems.

      They want to get people worked up and distracted by "stuff those evil perverted people are doing" so they can both satisfy their lust for power and funnel tax money to their friends who will give them a kickback.

      Ir's really quite simple, and if you think "your team" doesn't do it, I can get you a great deal on a gently used bridge.

    • by DewDude ( 537374 )

      Because conservatives don't care about anything except your personal life. They profit from problems, they profit from debt, and they benefit from an education system, that is broken.

  • Unconstitutional (Score:5, Insightful)

    by StormReaver ( 59959 ) on Friday March 22, 2024 @08:06AM (#64335913)

    This crap already went to the US Supreme Court in the 90's and was ruled unconstitutional. These Texas legislators need to be impeached and removed from office for gross negligence. We shouldn't have to endure these assaults on our liberty over and over again.

    • This is a different Supreme Court.

      It is quite ridiculous to see these clowns legislate, though. Freeze Peach! No wait, not like that!

    • This crap already went to the US Supreme Court in the 90's and was ruled unconstitutional. These Texas legislators need to be impeached and removed from office for gross negligence. We shouldn't have to endure these assaults on our liberty over and over again.

      The fifth circuit court of appeals says otherwise: https://cybernews.com/news/age... [cybernews.com]

    • by rsilvergun ( 571051 ) on Friday March 22, 2024 @08:53AM (#64336063)
      when the courts are full of right wing partisans. The right wing spent 40 years packing the courts. The Heritage Foundation with tens of millions of dollars from the Koch Foundation took about 70% of the courts and then the Supreme Court.

      Back in 2016 a lot of lefies warned about the danger of losing the Supreme Court. How People like Amy Barret, who couldn't answer high school civics level questions at her confirmation hearing but could lie under oath about her acceptance of Roe v Wade's precedence.

      If they didn't care about Roe, what makes you think they'll care about the obscenity cases from the 90s?

      There's only one way out of this, now that the courts are an openly partisan political tool, and that's to give them over to someone else. That means keeping the Democrats in charge of the White House and Senate.

      Thomas & Alito are both retirement age and both likely to face corruption charges after the election. Odds are good they'll retire instead of letting those investigations get in the way of their vacations.

      If you want to stop stuff like this you know what to do, it's up to you to do it.
      • when the courts are full of right wing partisans. The right wing spent 40 years packing the courts. The Heritage Foundation with tens of millions of dollars from the Koch Foundation took about 70% of the courts and then the Supreme Court.

        When the rich can buy most the judges and many politicians, we are no longer a democracy, but a plutocracy.

    • Re: (Score:2, Interesting)

      by Dr.Wizard ( 5905580 )
      The Justia Law Review estimated that the state of Florida would spend $2B+ per year over the next several years trying to defend in court the laws it passed just in 2022. Rinse and repeat for 2023. The Law Review [satirically] thanked gov. DeSantis and the legislature for the tremendous boost to the law industry. Many of the legislators are lawyers. I propose that Texas is doing the same thing for the same reason. Our elected representatives do not represent us.
    • Precedent has zero value any more. Stare decesis is dead as a doornail. Any who has watched the Supreme Court recently knows that.
    • Re:Unconstitutional (Score:4, Informative)

      by thegarbz ( 1787294 ) on Friday March 22, 2024 @09:32AM (#64336187)

      This crap already went to the US Supreme Court in the 90's and was ruled unconstitutional.

      No it didn't. The Supreme Court doesn't deal in generalities. It ruled specifically the CDA the way it was applied and COPA the way it was applied were unconstitutional. In separate cases they have upheld that you can restrict access to pornography.

      Supreme Court rulings hang on specific details... and specific judges.

    • We need a new legislation - The right to wank!

    • by DewDude ( 537374 )

      This SCOTUS doesn't care about what was done in the past and are here to let everyone know they don't.

      Past precedent is not a legal standing. If this court wants to undermine the previous one, then there's nothing to stop them. They have already undone a lot of this. Your first amendment rights don't exist anymore. The private corporations in bed with the GOP ensure that; and the GOP itself requires sites to not filter content while simultaneously taking them to court for not removing the content they disag

  • That their governor is wasting hundreds of millions of dollars having the national guard putz about the border for a never-ending photo op that he's using to try and get his presidential ambitions off the ground.

    It's so much money that we could let every single person on the other side of the border in to take Texas jobs and just take the money being spent pretending to keep them out while still letting them in so we can have the cheap labor and just give it to the people Texas so they can lounge around
    • Newsom is going to cream him.

      While he's dicking around at the border Newsom looks to be getting his forced medication of the homeless off the ground, it's a Republican wet dream.

  • by bradley13 ( 1118935 ) on Friday March 22, 2024 @08:10AM (#64335919) Homepage

    I understand not wanting kids to see porn. Back in the dark ages, it was magazines and maybe VHS films, and shops wouldn't serve kids. Today, on the Internet, that's just not possible.

    The thing is: this law isn't going to help. It makes the politicians feel good about themselves, but any kid with an ounce of technical skill knows what a VPN is. And if they don't, one of their classmates does. Also, cynically, the very people who pushed a law like this are probably among the biggest porn consumers. "The guilty dog barks the loudest."

    The world has changed. Pandora's box is open. Parents are just going to have to parent.

    • by Junta ( 36770 )

      I understand not wanting kids to see porn.

      What I don't get is why seeing some sex is so impossibly terrifying, but portrayals of decapaitations and disembowlments and such are peachy keen.

      • Good thing the bible covers all things perverted and violent. Wait until you get to the part about big donkey dicks and women who get the father drunk to have sex with him.

    • by DarkOx ( 621550 )

      It certainly can work.

      That VPNs mean you can't simply geo-fence based on IP does not make it 'not your problem' in the eyes of the law, depending on what requirements are actually set.

      There is nothing stop Texas from going after payment processors, hosting companies, banks, etc as accessories if they want to do so other than it could prove disruptive to their otherwise seen as business friendly state. Its not like Texas can't try and convict the owners of xhamster and their business partners in In-absentia

    • by AmiMoJo ( 196126 )

      The problem is that giving children the tools they need to get by in a world where porn is freely available on the internet means sex education, and they really don't like that. For reasons I won't speculate on they seem to prefer children to be ignorant about sex and the things they experience.

    • by rsilvergun ( 571051 ) on Friday March 22, 2024 @09:00AM (#64336105)
      it's supposed to let them track you, to create a big fat tracking agency run by a private company that lines the governor's donor's pockets and create a moral panic to distract from ever worsening economic conditions.

      It's Republican government 101. Track everybody, stuff cash in your pockets, and keep everyone panicking while you run out the back door with the cash.
    • by skam240 ( 789197 )

      Some kids will use vpns to get around this, most likely won't though and getting porn from friends is like going back to pre internet days for porn which means far less accessibility for kids. Not zero of course but like pretty much everything in life this is not an all or nothing issue

      Honestly I'm not for or against this type of thing as there are both up and downsides to it but to claim kids in Texas wouldn't have significantly less access to porn with stuff like this thoroughly implemented is pretty naiv

    • by DewDude ( 537374 )

      When the law doesn't help then they will just rally to remove them from the internet.

      Don't you know that's how it works. GOP wants something banned...so they pass bad laws that make the situation worse so they can justify a full ban.

      They will say "okay, this doesn't work" and come out with a 100% ban for everyone.

  • by peterww ( 6558522 ) on Friday March 22, 2024 @08:19AM (#64335953)

    Why exactly are these adults so obsessed with stopping children from watching porn? The first porn I ever saw was a Playboy magazine that my friend found in his parents closet. You're not gonna stop kids from watching porn. And it's not gonna screw them up... It's sex. It's one of the basic human things, really one of the basic animal things.

    It's so weird that adults are so obsessed with trying to stop kids from understanding or seeing a thing we all know every human will eventually do anyway. Might as well make it illegal to watch depictions of drinking, smoking, cursing, or violence.

    • It's a moral panic (Score:4, Informative)

      by rsilvergun ( 571051 ) on Friday March 22, 2024 @09:09AM (#64336129)
      used to distract from wosening economics.

      When your policies don't make your voter's lives better you still need to make them feel like they got something for the effort of voting for them.

      the American Republican party does this with moral panics. "Woke", trans kids, the gays, porn, video games, etc. Go back far enough and you'll find stuff like "those people" stealing our women. And no, not necessarily black folks, the Jews, Italians and Irish were slotted into that spot too.

      This makes voters feel like they got a win even though every year their lives get a little harder and they take on more work for less pay.

      If you're going to rob somebody blind you don't want them thinking rationally, and keeping them fearful and panicking is a great way to do that.
    • by Targon ( 17348 )
      The problem is that because the conservatives have made nudity and sex a "bad thing", it has pushed a lot of people to get...freaky, and over time, THAT has gotten worse, to the point where there is some things that might mess younger people up.
    • by skam240 ( 789197 )

      Heh, you're comparing sneaking a peak at a Playboy when you were a kid with the depraved shit you can find on the Internet today? Playboy is / was just naked ladies laying about, a far cry from a woman being penetrated by 3 dicks simultaneously followed by a bukakki finish like you might find widely available on any porn tube site today.

      You're just not making an apples to apples comparison.

  • by Rosco P. Coltrane ( 209368 ) on Friday March 22, 2024 @08:23AM (#64335967)

    Because there's a million metric fuckton of porn of all kinds on Reddit.

    That would be a lot more interesting that Texas going after "real" porn sites, and it would spectacularly highlight how utterly futile their endeavor is.

    • by YuppieScum ( 1096 ) on Friday March 22, 2024 @08:42AM (#64336023) Journal

      It makes a Friday so much more bearable to know that porn is measured in fucktons.

      • Re: (Score:2, Funny)

        by Anonymous Coward

        Be aware that anal porn can be appropriately measured in both fucktons and shittons, though.

      • by skam240 ( 789197 )

        I hear in Europe they don't use fucktons because of the metric system. It's all measured in Royales with Cheese's.

    • Because there's a million metric fuckton of porn of all kinds on Reddit.

      That would be a lot more interesting that Texas going after "real" porn sites, and it would spectacularly highlight how utterly futile their endeavor is.

      What is available isn't relevant. It's a case of going after big players first. Reddit for all the porn it has makes up a tiny portion of porn compared to the bandwidth of Pornhub and xHamster.

  • Interesting... (Score:5, Interesting)

    by chipperdog ( 169552 ) on Friday March 22, 2024 @08:39AM (#64336015) Homepage
    I find it interesting that the political party that runs on a platform of "eliminating business regulations" is pushing regulations on business...
  • by Eunomion ( 8640039 ) on Friday March 22, 2024 @09:33AM (#64336191)
    Put up an error message telling people to thank their state government for depriving them.

    TX institutions are a demented, pseudo-American cult that gets away with everything, and people both in Texas and nationwide need to start holding them accountable for once.
  • What a shock (Score:5, Insightful)

    by Hoi Polloi ( 522990 ) on Friday March 22, 2024 @09:48AM (#64336231) Journal

    They just want to ban pornography for adults, the kids are just an excuse.

    They should start fining every resident of Texas who tries to access these sites instead and see how long they stay in office.

  • by Hoi Polloi ( 522990 ) on Friday March 22, 2024 @09:57AM (#64336267) Journal

    Thank god they are cracking down on these evil sex sites! Meanwhile in Texas....

    The rate of firearm-related deaths in Texas has reached a level not seen since the 1990s
    https://www.texastribune.org/2... [texastribune.org]

I cannot conceive that anybody will require multiplications at the rate of 40,000 or even 4,000 per hour ... -- F. H. Wales (1936)

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