11 ms·

No mention of it in the article but can’t charges be brought on the (ex) husband for this? Pornhub definitely owns some of the responsibility but the dude that

by S_A_P 6y ago

No mention of it in the article but can’t charges be brought on the (ex) husband for this? Pornhub definitely owns some of the responsibility but the dude that did this is the bad guy here.

sleepysysadmin 6y ago
Yes Canadian law makes this a crime including civil damages.
oh_sigh 6y ago
It seems difficult for pornhub to do anything about this(from a hosting perspective), considering people also will upload completely consensual videos along the same lines (where the "victim" is just pretending to be passed out and is fully consenting). Pornhub could make you sign an affidavit, but even then, it is relying on trusting the uploading party - if they are already breaking the law by uploading non consensual sexual assault videos, odds are they will probably check the affidavit box saying that everyone in the video has consented.
- Spivak 6y ago
  Sure, but you can't just check the affidavit box when you have to have all parties in the video identified, registered with the site with government ID, and everyone in the video has to approve it before it goes live. It's wild that we just offload all responsibility to the victims who have to scour the internet and issue takedown requests for videos because hosting sites literally can't be bothered to actually get consent beforehand.
  - oh_sigh 6y ago
    If there is a husband who is living with his wife, and he drugs her and sexually assaults her, wouldn't he also have access to her ID to scan it and upload it? I guess at a certain point, any kind of roadblocks will lower the chances this person uploading the content. What's the alternative to victims scouring the internet and issuing takedown requests? Some centralized porn database where you can type in someone's name and see what porn they've done?
    - Spivak 6y ago
      > What's the alternative to victims scouring the internet and issuing takedown requests? Some centralized porn database where you can type in someone's name and see what porn they've done? I mean this completely unironically: ContentID. It exists exactly for this use-case because copyright holders don't want to scour the internet for violations either. If you're a victim and you find that someone posted a video of you being assaulted online you should be able to register that video with ContentID and have every site immediately and automatically take down the video everywhere. Yes it will only affect above-board sites but broadly speaking those are the sites with large audiences and the ones you really care about.
    - totalZero 6y ago
      We already have an apparatus to do this for copyrighted material that people go far further out of their way to share and download. It should be far easier to get some amateur porn video off the web than a BDrip of Disney's Coco. If the question is "who should shoulder the cost of takedown," my suggestion is that offenders and porn industry behemoths should pay into a fund that finances redflagged content takedown efforts.
- Retric 6y ago
  Requiring real names, age, and contact info from uploaders and everyone in the video would discourage people well beyond a simple checkbox. Similarly, adding video fingerprinting should make it very easy to avoid someone uploading the same video again.
  - AnthonyMouse 6y ago
    Real name policies in this context have an obvious flaw when the host gets hacked and now the ostensibly private records fall into the hands of criminals who start blackmailing everyone to reveal to their bosses and families that they were involved in the creation of pornography. The ability to remain pseudonymous is more important in this context than many others. > Similarly, adding video fingerprinting should make it very easy to avoid someone uploading the same video again. Those systems don't really work, because the uploaders can tell when it's rejected so they can keep messing with the file until it's accepted. Or they upload it to a different host each time, or to a file rather than video host who can't see the contents because it was encrypted and the key is distributed to the downloaders with the link but the host doesn't have it.
    - Retric 6y ago
      > core issue If people don’t want to be associated with these videos then perhaps they shouldn’t be uploaded. I think you just made my point for me.
      - AnthonyMouse 6y ago
        > If people don’t want to be associated with these videos then perhaps they shouldn’t be uploaded. I don't often use the word privilege, but there it is.
        Retric 6y ago
        What’s privileged about suggesting you shouldn’t upload videos of people without their consent. It’s often illegal for very good reason.
- supergirl 6y ago
  there are many things that PH can do. they could simply require verification of both participants. or they could just reject any such videos if there is even a doubt about consent. I think recently they just axed the whole "community videos" (only because VISA and Mastercard cut ties with them), so you must be a pro to upload. or did that change already? I think the right approach is for gov to regulate this as prostitution (in Europe at least). you can't just let anyone make porn videos because women and children will get abused, same as with prostitution. you regulate it so whoever wants to do it can do it safely. if you're not a licensed porn actor then you can't upload.
  - oh_sigh 6y ago
    If my fetish is people over-eating, does someone who stuffs their face with 10 Big Macs (completely clothed) need to get approval to upload to pornhub? Community uploads to pornhub don't feel like prostitution to me, because for the most part no one is doing it for money, merely because they're horny or enjoy it.
    - supergirl 6y ago
      well if it falls under the legal definition of porn then yes, otherwise no. I don't know what is the legal definition. right now there is no regulation at all, which is crazy. or there is but somehow it doesn't apply to pornhub. we could start with something simple and obvious that covers most videos. something is better than nothing. > Community uploads to pornhub don't feel like prostitution to me, because for the most part no one is doing it for money, merely because they're horny or enjoy it. I meant we can regulate for the same reason prostitution is regulated, to make it safer.
      - oh_sigh 6y ago
        But if there is no financial incentive in sex, then isn't it more like just attempting to regulate the private sex lives of individuals? Prostitution is regulated, but there is no regulation (at least in any Western country that I know of), that prevents a person from just going out and having sex with other consenting adults.
- paxys 6y ago
  Pornhub has already mostly fixed this problem by only allowing uploads from verified accounts. It won't 100% eliminate it, sure, but when the site has your real name, picture, ID etc. you will be much less likely to upload stuff that you aren't completely sure is legal and consensual.
  - oh_sigh 6y ago
    "fixed the problem" by destroying community-generated porn in response to a PR campaign by an activist newspaper and business-destroying threats from pusillanimous payment providers.
    - kmonsen 6y ago
      It didn't destroy community-generated porn, it removed it from their servers (or at least removed the publics opportunity to download it from their servers).

by S_A_P 6y ago

No mention of it in the article but can’t charges be brought on the (ex) husband for this? Pornhub definitely owns some of the responsibility but the dude that did this is the bad guy here.

sleepysysadmin 6y ago

Yes Canadian law makes this a crime including civil damages.

oh_sigh 6y ago

It seems difficult for pornhub to do anything about this(from a hosting perspective), considering people also will upload completely consensual videos along the same lines (where the "victim" is just pretending to be passed out and is fully consenting). Pornhub could make you sign an affidavit, but even then, it is relying on trusting the uploading party - if they are already breaking the law by uploading non consensual sexual assault videos, odds are they will probably check the affidavit box saying that everyone in the video has consented.

Spivak 6y ago
Sure, but you can't just check the affidavit box when you have to have all parties in the video identified, registered with the site with government ID, and everyone in the video has to approve it before it goes live. It's wild that we just offload all responsibility to the victims who have to scour the internet and issue takedown requests for videos because hosting sites literally can't be bothered to actually get consent beforehand.
- oh_sigh 6y ago
  If there is a husband who is living with his wife, and he drugs her and sexually assaults her, wouldn't he also have access to her ID to scan it and upload it? I guess at a certain point, any kind of roadblocks will lower the chances this person uploading the content. What's the alternative to victims scouring the internet and issuing takedown requests? Some centralized porn database where you can type in someone's name and see what porn they've done?
  - Spivak 6y ago
    > What's the alternative to victims scouring the internet and issuing takedown requests? Some centralized porn database where you can type in someone's name and see what porn they've done? I mean this completely unironically: ContentID. It exists exactly for this use-case because copyright holders don't want to scour the internet for violations either. If you're a victim and you find that someone posted a video of you being assaulted online you should be able to register that video with ContentID and have every site immediately and automatically take down the video everywhere. Yes it will only affect above-board sites but broadly speaking those are the sites with large audiences and the ones you really care about.
  - totalZero 6y ago
    We already have an apparatus to do this for copyrighted material that people go far further out of their way to share and download. It should be far easier to get some amateur porn video off the web than a BDrip of Disney's Coco. If the question is "who should shoulder the cost of takedown," my suggestion is that offenders and porn industry behemoths should pay into a fund that finances redflagged content takedown efforts.
Retric 6y ago
Requiring real names, age, and contact info from uploaders and everyone in the video would discourage people well beyond a simple checkbox. Similarly, adding video fingerprinting should make it very easy to avoid someone uploading the same video again.
- AnthonyMouse 6y ago
  Real name policies in this context have an obvious flaw when the host gets hacked and now the ostensibly private records fall into the hands of criminals who start blackmailing everyone to reveal to their bosses and families that they were involved in the creation of pornography. The ability to remain pseudonymous is more important in this context than many others. > Similarly, adding video fingerprinting should make it very easy to avoid someone uploading the same video again. Those systems don't really work, because the uploaders can tell when it's rejected so they can keep messing with the file until it's accepted. Or they upload it to a different host each time, or to a file rather than video host who can't see the contents because it was encrypted and the key is distributed to the downloaders with the link but the host doesn't have it.
  - Retric 6y ago
    > core issue If people don’t want to be associated with these videos then perhaps they shouldn’t be uploaded. I think you just made my point for me.
    - AnthonyMouse 6y ago
      > If people don’t want to be associated with these videos then perhaps they shouldn’t be uploaded. I don't often use the word privilege, but there it is.
      - Retric 6y ago
        What’s privileged about suggesting you shouldn’t upload videos of people without their consent. It’s often illegal for very good reason.
supergirl 6y ago
there are many things that PH can do. they could simply require verification of both participants. or they could just reject any such videos if there is even a doubt about consent. I think recently they just axed the whole "community videos" (only because VISA and Mastercard cut ties with them), so you must be a pro to upload. or did that change already? I think the right approach is for gov to regulate this as prostitution (in Europe at least). you can't just let anyone make porn videos because women and children will get abused, same as with prostitution. you regulate it so whoever wants to do it can do it safely. if you're not a licensed porn actor then you can't upload.
- oh_sigh 6y ago
  If my fetish is people over-eating, does someone who stuffs their face with 10 Big Macs (completely clothed) need to get approval to upload to pornhub? Community uploads to pornhub don't feel like prostitution to me, because for the most part no one is doing it for money, merely because they're horny or enjoy it.
  - supergirl 6y ago
    well if it falls under the legal definition of porn then yes, otherwise no. I don't know what is the legal definition. right now there is no regulation at all, which is crazy. or there is but somehow it doesn't apply to pornhub. we could start with something simple and obvious that covers most videos. something is better than nothing. > Community uploads to pornhub don't feel like prostitution to me, because for the most part no one is doing it for money, merely because they're horny or enjoy it. I meant we can regulate for the same reason prostitution is regulated, to make it safer.
    - oh_sigh 6y ago
      But if there is no financial incentive in sex, then isn't it more like just attempting to regulate the private sex lives of individuals? Prostitution is regulated, but there is no regulation (at least in any Western country that I know of), that prevents a person from just going out and having sex with other consenting adults.
paxys 6y ago
Pornhub has already mostly fixed this problem by only allowing uploads from verified accounts. It won't 100% eliminate it, sure, but when the site has your real name, picture, ID etc. you will be much less likely to upload stuff that you aren't completely sure is legal and consensual.
- oh_sigh 6y ago
  "fixed the problem" by destroying community-generated porn in response to a PR campaign by an activist newspaper and business-destroying threats from pusillanimous payment providers.
  - kmonsen 6y ago
    It didn't destroy community-generated porn, it removed it from their servers (or at least removed the publics opportunity to download it from their servers).