Pornhub Settlement: $5M FTC Fine for Failing to Block Abusive Content

Pornhub Owner Aylo Reaches $5 Million Settlement with FTC and Utah

Aylo, the company owning Pornhub, has agreed to a $5 million settlement with the Federal Trade Commission (FTC) and the state of Utah. This resolution addresses allegations concerning the company’s handling of child sexual abuse material (CSAM) and nonconsensual material (NCM).

Content Moderation Changes and Allegations

Previously known as MindGeek, Aylo implemented significant changes to its content moderation practices in late 2020. These changes followed a New York Times exposé detailing failures in preventing and removing CSAM and NCM uploads on Pornhub, its primary platform.

Pressure from credit card companies prompted the company to begin verifying the ages of performers and requiring documentation confirming their consent for uploaded videos. However, the FTC and Utah contend that even after these safeguards were put in place, illegal content continued to be hosted and consumer data was managed irresponsibly.

Data Handling Concerns

The FTC alleges that Aylo failed to adequately disclose its data retention practices. Specifically, after performers verified their identities through a third-party vendor, Aylo retained this data indefinitely.

This retained data, which the FTC claims was not securely stored, potentially included sensitive personal information such as Social Security numbers, addresses, birth dates, and details from government-issued identification.

The FTC stated that Aylo assured its models their personal data would remain secure, yet failed to implement standard security measures. For instance, the data was not encrypted, access was not restricted, and it wasn't protected by a firewall.

Failure to Enforce Upload Restrictions

Furthermore, the FTC asserts that Aylo did not fully uphold its commitment to ban users who attempted to upload CSAM. The company reportedly only prevented these users from creating new accounts using the same username or email address.

Aylo had pledged to “fingerprint” videos suspected of being CSAM, flagging them if re-uploaded across its numerous pornographic websites. However, the FTC alleges this technology proved ineffective between 2017 and August 2021, leading to the re-uploading of hundreds of previously identified CSAM videos.

Aylo's Response and Settlement Terms

Aylo has voluntarily entered into the settlement, stating it “reaffirms [its] efforts to prevent the publication of CSAM and NCM.” This statement was provided to TechCrunch.

As part of the agreement, Aylo is required to verify the consent and identity of all individuals appearing in uploaded photos and videos. The company must also establish policies and technical measures to block the publication of CSAM and NCM, and remove previously posted illegal content.

Aylo maintains that the settlement primarily involves enhancements to existing measures, rather than introducing entirely new requirements.

Ongoing Oversight

For the next ten years, Aylo will be subject to independent third-party audits to ensure compliance with the settlement’s terms. These audits will verify adherence to the agreed-upon standards and procedures.

• Key takeaway: Aylo will pay $5 million.
• Important point: The settlement focuses on data security and content moderation.